‘An independent judiciary is the key to protecting the rights of individuals from interference by the legislature.’ Discuss with reference to cases on judicial review and human rights.


  • The ability of the judiciary to check to legislature is enhanced by the power of judicial review.
  • This power can be used, for example, by mandating certain action when the judiciary perceives that a branch of government is refusing to perform a constitutional duty or by declaring laws passed by the legislature unconstitutional.
  • The judges should be free to make impartial decisions based solely on fact and law, without interference, pressure or influence from the state.

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