Vol. 2 No. Vol 2, issue 10. Dec,pg 1851-1869 (2025): JUDICIAL REVIEW AND ITS IMPACT ON DEMOCRATIC GOVERNANCE

Abstract

The study has analysed judicial review and its impact on democratic governance. For this purpose the study has the objectives to identify the evolution of Judicial review and constitutional foundations in the major democratic systems globally, examine the role of judicial review in safeguarding fundamental rights and supporting the system of checks and balances within the structure of democratic governance, explore the impact of judicial activism on executive and legislative authority, and analyse whether the judicial intervention supports or challenges the democratic legitimacy, analyse the tension between democratic accountability and judicial independence and drive ways for maintaining institutional balance along with preserving the constitutional supremacy. In the methodological context, the study has selected a qualitative research method and an exploratory research design. Qualitative Data Collection method, incorporating previously published articles and journals. The qualitative data collection method was incorporated to study published articles and journals on the impact of Judicial Review on democratic governance. The study has incorporated thematic data analysis to analyses the collected data. This paper explores the role of the judicial review that is constantly changing with respect to the democratic form of government based on the constitutional grounds, protection of rights, judicial activism and balance of power. It also assesses how the courts are securing basic rights by negotiating the tension between judicial independence and democratic accountability in attempting to provide constitutional preeminence in the context of modern democratic establishments. More effective policy regulation and adaptation of balanced practice can improve the accountability. Inclusion of greater comparative case studies and empirical methods can eliminate the research gap in future to some extent.

Keywords: Judicial Review, Democratic Governance, fundamental rights, judicial independence, constitutional supremacy