An Inspection of Judicial Legislation: A Comparative Analysis

  • Dr. D. Radhika Yadav and Pavan Kasturi
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  • Dr. D. Radhika Yadav

    Principle at University College of Law, Osmania University, Hyderabad, India

  • Pavan Kasturi

    Junior Research Fellow at the University College of Law, Osmania University, Hyderabad, India

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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.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 1045 - 1055


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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