International Research Journal of Commerce , Arts and Science

 ( Online- ISSN 2319 - 9202 )     New DOI : 10.32804/CASIRJ

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ORIGIN OF JUDICIAL REVIEW AGAINST ADMINISTRATIVE ACTION AND LEGISLATIVE ACTION

    2 Author(s):  RAMESH KUMAR , NARENDER JOON

Vol -  4, Issue- 3 ,         Page(s) : 812 - 846  (2013 ) DOI : https://doi.org/10.32804/CASIRJ

Abstract

ENGLAND Basically, judicial review is the assertion of rule of law as controlling state action. It is generally asserted that the institution of judicial review originated in U.S.A, but a deeper analysis reveals the fact that this is true only in a very limited sense because historically, the origin of this institution can be traced to the English legal history. When the major portion of law in England consisted of common law, the judges asserted that the State’s action including the exercise of royal prerogative must confirm to the common law. On the morning of Sunday, November 10, 1607, a remarkable interview took place between Sir Edward Coke, Chief Justice of the common Pleas and King James I. this is what the Coke says happened:

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