Question

Examine the demerits of the doctrine of Judicial Review.

Answer 1

Demerits of the Doctrine of Judicial Review:

• Undemocratic Nature: Judicial review allows unelected judges to nullify laws made by elected representatives, which can undermine democratic principles.
• Judicial Supremacy: It may elevate the judiciary above the legislature and the executive, disrupting the balance of power and the spirit of separation of powers.
• Judicial Overreach: Courts may interfere in matters of policy, administration, and legislation, going beyond their constitutional role.
• Delays in Governance: Judicial scrutiny of laws and policies can delay important government actions and administrative efficiency.
• Lack of Accountability: Judges exercising judicial review are not directly accountable to the public, raising concerns about unchecked power.
• Subjectivity and Inconsistency: Judicial decisions may vary depending on the bench, leading to reversals and legal uncertainty.
• Political Involvement: When courts enter political debates or strike down politically sensitive laws, their impartiality and credibility may be questioned.