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Question
Explain the maxims of judicial review.
Explain
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Solution
Maxims of Judicial Review:
- Ubi jus ibi remedium: Where there is a right, there is a remedy. This supports the judiciary’s role in providing justice when a constitutional or legal right is violated.
- Lex iniusta non est lex: An unjust law is no law at all. Laws that are unjust or violate the Constitution are not considered valid and can be struck down by the court.
- Salus populi suprema lex: The welfare of the people is the supreme law.
The judiciary must ensure that laws serve public welfare and do not harm the rights of citizens. - Nemo est supra legem: No one is above the law. This maxim reinforces the idea that everyone, including the government, must act within the bounds of the law.
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