The Role of the Judiciary in Upholding Democratic Principles

  • Shashvat Tiwari
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  • Shashvat Tiwari

    Student at United University, India

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Abstract

The judiciary stands as a cornerstone in upholding and advancing democratic values, safeguarding individual liberties, ensuring the separation of powers, and reinforcing the rule of law. This paper examines the judiciary’s essential role within democratic frameworks, with a focus on judicial independence, the interpretation and protection of constitutional rights, and the judiciary’s authority to review and oversee legislative and executive actions. By conducting a comparative analysis of judicial practices across democracies, including those in the United States, India, and the European Union, the paper highlights key cases that exemplify the judiciary’s function in securing democratic integrity. Further, the study explores present-day challenges to judicial independence, such as political pressures and media influence, and considers the judiciary’s expanding responsibilities in a digital era. Ultimately, the judiciary is affirmed as indispensable in enforcing democratic principles among both citizens and government entities, solidifying its role as a custodian of justice and constitutional order.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 539 - 555

DOI: https://doij.org/10.10000/IJLMH.118560

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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) (https://creativecommons.org/licenses/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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Copyright © IJLMH 2021