An Inspection of Judicial Legislation: A Comparative Analysis
This article elucidates Judicial legislation, and its purpose and classifies it in the Indian context into Interpretation and Intervention. It traces the origins of judge-made law in India from the common law system and deals with the provisions of the Indian Constitution on Judicial law. Further, it distinguishes various types of judicial law-making by different constitutional courts discusses various issues around Judicial legislation, and considers different arguments on this. Then from a comparative aspect, the author reviews the U.S.A's functioning and analyses the different working approaches to Judicial legislation and the idea of separation of powers. Finally, the author concludes by evaluating the legitimacy of Judicial Legislation, and different approaches to balance judicial legislation with other institutions of the state.
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