THE IMPACT OF JUDICIAL REVIEW ON DEMOCRATIC GOVERNANCE

Abstract

Judicial review—the power of courts to examine the constitutionality of legislative and executive actions—is widely regarded as a cornerstone of modern constitutional democracies. By enabling an independent judiciary to invalidate laws and governmental measures that violate constitutional norms, judicial review seeks to protect fundamental rights, uphold the rule of law, and maintain the balance of powers among state institutions. This paper examines the conceptual foundations, historical evolution, and practical impact of judicial review on democratic governance, with particular reference to comparative experience and the Indian constitutional framework. It argues that judicial review functions as both a constraint and a support for democracy: it constrains majoritarian power when it threatens constitutional values, yet it also reinforces democratic legitimacy by ensuring that state action remains within the bounds of a higher law. At the same time, the paper engages critically with concerns about judicial activism, counter-majoritarian difficulty, and institutional overreach, proposing criteria for principled and democracy-enhancing exercise of review powers.