Judicial Review in Supreme Court and Social Change -- Implicating Changes Through Judiciary

8 Pages Posted: 26 Feb 2015

Date Written: May 11, 2012

Abstract

Legal development is very much a rational response or is the natural response to the existing circumstances, social, economic, political, and geographical and so on including religion. All legal rules are created by the cause usually rooted in social, economic or political factors important to the life of society. This cause in the pragmatic approach changes with time and context. Then the change is brought before legislation that is responsible to response to it in appropriate manner. It generally succeeds in solving most of the problems but some issues manage to filter and reach to judiciary. This diversion exists between society and law due to two main reasons that is statement and restatement of rights and time lag. Again all the acts of the legislation may not be rational and without an expressed constitution the power of legislation would undoubtedly is absolute and any act passed not in consistent to natural justice would be binding on people.

Keywords: Judicial Review, Constitution, Nepal, Supreme Court, Social Change

JEL Classification: N45, H70

Suggested Citation

Pandey, Prasiddha, Judicial Review in Supreme Court and Social Change -- Implicating Changes Through Judiciary (May 11, 2012). Available at SSRN: https://ssrn.com/abstract=2568974 or http://dx.doi.org/10.2139/ssrn.2568974

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