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INTERNATIONAL JOURNAL OF CREATIVE RESEARCH THOUGHTS - IJCRT (IJCRT.ORG)
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ISSN Approved Journal No: 2320-2882 | Impact factor: 7.97 | ESTD Year: 2013
Call For Paper - Volume 12 | Issue 7 | Month- July 2024
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Published Paper Details:
Paper Title
A COMPARATIVE STUDY ON LAW MAKING POWER OF JUDICIARY IN INDIA AND USA
Authors
JAYA THAPA
Keywords
KEYWORDS: judicial legislation, separation of power, judicial activism, judicial overreach
Abstract
The theory of separation of power means that the three organs: Legislature, Executive and Judiciary are separate from each other and perform distinct functions. One of the organs i.e. judiciary is seen sometimes making laws. While the legislature has the constitutional authority to enact laws. There are still some circumstances where the existing laws made by the legislature prove to be inadequate in the process of administration of justice, then judiciary plays active role. Judges do make laws to fill the lacunas in the legislative laws with the help of judicial review. It leads to judicial activism and also judicial overreach.
This paper is an attempt to understand the law-making power of the judiciary in India and USA. It also explores the different concepts relating to judicial legislation, judicial review, judicial activism and judicial overreach.
IJCRT's Publication Details
Unique Identification Number - IJCRT2403231
Paper ID - 252615
Page Number(s) - b855-b861
Pubished in - Volume 12 | Issue 3 | March 2024
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Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882
E-ISSN Number - 2320-2882
Cite this article
JAYA THAPA, "A COMPARATIVE STUDY ON LAW MAKING POWER OF JUDICIARY IN INDIA AND USA", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 3, pp.b855-b861, March 2024, Available at :http://www.ijcrt.org/papers/IJCRT2403231.pdf
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Volume 12 | Issue 7
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Submit Manuscript Online Impact Factor: 7.97 Review Results : Within 02-03 Days Paper Publication : Within 02-03 Days
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ISSN: 2320-2882 Impact Factor: 7.97 and ISSN APPROVED Journal Starting Year (ESTD) : 2013
ISSN and 7.97 Impact Factor Details
ISSN: 2320-2882 Impact Factor: 7.97 and ISSN APPROVED Journal Starting Year (ESTD) : 2013
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