JUDICIAL REVIEW IN INDIA AND SOUTH AFRICA: A COMPARATIVE STUDY
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Abstract
The present paper seeks to do a comparative study of the process of judicial review in the two common law countries viz. India and South Africa. While the vista of judicial review in India is a common law form of judicial review, South Africa has adopted a civil law mechanism of the process. Albeit majorly dominated by the common law system, the constitutional court having monopolistic domain of judicial review of constitutional interpretation in South Africa is an illuminating feature of a civil legal system. Thus, the present study attempts to explore the two different forms of judicial system existing in India and South Africa throwing light upon the convergence of the two legal systems to produce a better version of judicial review.
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