What do you understand by Judicial Review? What is its importance in the protection of Human Rights?

Understanding Judicial Review:

Judicial review is a legal principle that empowers courts to review the actions of government entities, including legislative bodies, administrative agencies, and executive decisions, to ensure they are consistent with the constitution and laws of the country. It allows courts to invalidate laws or government actions that are found to be unconstitutional or unlawful.

In essence, judicial review involves the judiciary examining the legality and constitutionality of government actions and decisions. This process serves as a critical check on the exercise of governmental power, ensuring that public authorities operate within the bounds of the law and respect constitutional principles.

Importance of Judicial Review in the Protection of Human Rights:

1. Enforcement of Constitutional Rights:
   Judicial review plays a crucial role in upholding and enforcing constitutional rights, including human rights. Courts have the authority to strike down laws or government actions that infringe upon fundamental rights guaranteed by the constitution. This ensures that individuals are protected from arbitrary or unjust government interference with their rights.

2. Protection Against Executive Overreach:
   In many democracies, executive branches of government wield significant power. Judicial review acts as a safeguard against executive overreach by allowing courts to scrutinize executive actions and interventions. This prevents abuses of power that could undermine human rights and the rule of law.

3. Checks on Legislative Actions:
   Legislatures are responsible for enacting laws, but these laws must conform to constitutional standards, including the protection of human rights. Judicial review allows courts to strike down laws that violate constitutional rights, ensuring that the legislative process respects fundamental freedoms and equality principles.

4. Defending Minority Rights:
   Human rights often protect vulnerable or minority groups from discrimination and oppression. Judicial review enables courts to intervene when laws or government actions discriminate against certain groups based on race, religion, gender, or other protected characteristics. This promotes inclusivity and equality in society.

5. Remedying Government Abuses:
   Judicial review provides a mechanism for individuals and civil society organizations to challenge government abuses of power, such as unlawful detention, censorship, or excessive use of force. Courts can issue remedies, including injunctions and declarations of rights violations, to hold authorities accountable and provide redress to victims.

6. Interpreting and Developing Human Rights Law:
   Through judicial review, courts contribute to the interpretation and development of human rights law. Courts issue judgments that clarify the scope and application of constitutional rights, setting precedents for future cases and guiding legislative and executive actions. This dynamic process helps to adapt legal principles to evolving societal needs and challenges.

7. Upholding Rule of Law and Democracy:
   Judicial review is essential for upholding the rule of law and promoting democratic governance. By ensuring that government actions are lawful and constitutional, courts reinforce democratic principles of accountability, transparency, and respect for human rights. This fosters public trust in institutions and promotes a culture of rights-based governance.

In summary, judicial review is a cornerstone of modern constitutional democracies, providing a critical mechanism for protecting and promoting human rights. By holding governments accountable, interpreting constitutional guarantees, and remedying rights violations, courts play a vital role in safeguarding individual liberties, promoting equality, and advancing the rule of law. Judicial review strengthens the foundation of human rights protection, ensuring that governments act in accordance with constitutional values and respect the inherent dignity and freedoms of all individuals within society.