Abstract
This paper aims to examine constitutional law from a different standpoint to majorly analyse the present-day changes the society faces due the modern-day legal and as well as political issues. A research study determines how constitutional rules interact with judicial reviews through analysis of absolute principles underlying constitutional structures. The authors use a doctrinal research methodology to analyse judicial evolving responses to societal political transformations. The research approaches essentially consider four doctrines ranging from federalism and fundamental rights while discussing judicial review in modern governance applications and difficulties. The article examines how the executive, legislature, and judiciary pillars of a nation maintain equilibrium and power through different assessments of landmark judicial decisions, which aims to reshape constitutional principles. The research uses comparison to study worldwide constitutional developments and their impact on laws governing India’s constitution. Additionally, The article evaluates judicial protective action against democratic principles while evaluating judicial institution mandates for responsible conduct. The authors thoroughly explore constitutional morality’s effects on forward-thinking legal reading while defending a solution that maintains proper respect for entrenched constitutional rules besides flexibility. The article will examine the legal precedents in combination with theoretical concepts while considering legal discourse. Finally, The studies seek to increase public knowledge about how constitutional law maintains its legal value, which defines democratic governance principles. The studies seek to increase public knowledge about how constitutional law maintains its legal value, which defines democratic governance principles.
Keywords
Judicial Review, Federalism, Fundamental Rights, Constitutional Morality, Privatisation.
Introduction: A New Way For Privatisation
It is a widely held belief by society in general that the manner in which justice is administered in our society and the legal system which administers the justice is inadequate to address the actual concerns of the community. National or cultural boundaries do not limit this concept of ineffectiveness. There are numerous factors that render the entire judicial system inefficient and of themselves, which include reasons like the excessive costs of litigation, protracted delays and unjust bias. These reasons severely obstruct access to justice, rendering courts in many countries insufficient for resolving conflicts or defending rights.
Undoubtedly, a crisis has been developing in numerous civil & criminal judicial systems as they endeavour to manage the vast number of cases at their disposal while simultaneously maintaining the shared principles of justice and fairness. The importance of justice is being underscored by a variety of factors that have emerged over time, and the civil courts, significant tribunals, and national-level courts are in a state of decline. The courts must be able to provide legal protection to individuals and businesses in a fair and timely manner, in accordance with uniform standards, and without interference from external parties during the adjudication process.
We will look at different perspectives through which we can substantiate the need for the privatising judiciary to address modern-day problems. This will include how the concept of Alternative Dispute Resolution has been aggressively encouraged by the government, and additionally, we will try to scrutinise the idea of the involvement of private entities in the basic structure of our juridical framework.