Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?
Answers
The Right to Constitutional Remedies connects to the idea of judicial review in its capacity of protecting the rights of an individual against the working of the State legislature or executive. It allows citizens to move the court if they think that their fundamental rights are being violated by the State administration. Judicial review implies invalidation of legislative or executive action if it is seen to violate fundamental rights. Hence, judicial review and the Right to Constitutional Remedies are inter-connected because the judicial review is practiced when any fundamental Right is violated by the State. In this case, a higher court can repeal the judgments of a lower court based on its own investigation.
Explanation:
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The Right to Constitutional Remedies connects to the idea of judicial review in its capacity of protecting the rights of an individual against the working of the State legislature or executive.
- So the right to constitutional remedies connects to the idea of judicial review.
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