Open Access Research Article
JUDICIAL REVIEW OF EXECUTIVE ACTION AND RESTRICTIONS ON LIBERTY: A COMPARATIVE STUDY OF THE UNITED KINGDOM, UNITED STATES AND INDIA
Abstract
Judicial
review of executive action is considered as central mechanism of public law
because executive power directly affects the liberty of individuals. This paper
examines comparative study of the United Kingdom, the United States and India,
with restrictions on liberty as the common context. The comparison shows that
judicial control does not operate in the same constitutional setting in the
three jurisdictions.
In the
United Kingdom, review of executive action developed primarily through common
law and operates within a constitutional order marked by parliamentary
sovereignty. In the United States, judicial review is associated with
a written Constitution, separation of powers and the authority of courts.
Whereas, India combines the common-law tradition with a written Constitution
where both fundamental rights and constitutional remedies are enforceable.
This paper
analyses Council of Civil Service Unions v Minister for the Civil Service in
the United Kingdom, Youngstown Sheet & Tube Co v Sawyer in the United
States and Maneka Gandhi v Union of India in India. The comparison indicates
that restrictions on liberty bring questions of legality and procedural
fairness. India's position reflects its common-law inheritance, but its
rights-based constitutional structure substantially shapes the power and form
of judicial control.
Published Paper
Author Details
Authors: SAMRUDHI SACHIN DALVIRegistration ID: 1013299 | Published Paper ID: IJLRA13299Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 511- 526
Article Information
JUDICIAL REVIEW OF EXECUTIVE ACTION AND RESTRICTIONS ON LIBERTY: A COMPARATIVE STUDY OF THE UNITED KINGDOM, UNITED STATES AND INDIA
Authors: SAMRUDHI SACHIN DALVI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.