Judicial Review in UK, USA and Bangladesh: A Comparative Study

Abstract

Judicial Review is an important legal process through which the court examines the way in which the legislature and the public bodies exercise their powers. The result of judicial review is to determine whether in making a decision or taking an action the legislature and a public body have acted within their power. In this thesis a brief discussion is made on its origin, grounds and how the concept of judicial review is working in countries like Bangladesh and the USA where the constitutions are supreme and in the UK where the parliament is supreme. An initiative has been taken by making a comparative study as to the concept of judicial review is working among these three countries. From this comparison, I have found that the existing system of judicial review is well enough in Bangladesh. But for better application of judicial review the judiciary should be separated and independent from the Executive body entirely. Because, if the control of the higher rests in the hand of the executive then there will always remain an uncertainty as to how far the judiciary will be able to exercise the power of judicial review effectively and independently.