Dr. Waris Husain, Adjunct Professor at the Howard University School of Law and a Staff Attorney at American Bar Association Human Rights Centre delivered the Government Attorney Discussion Series’ second lecture on Judicial Review in the US.
The Discussion Series was chaired by Deputy Attorney General Mr. Padma Prasad Pandey.
Dr. Husain commenced his lecture by indulging into the historical development of the notion of judicial review in the US and the colonial legacies attached to it.
Dr. Husain furthermore drew a comparative overview of the practice of judicial review in India, the US and Pakistan, while drawing connections to the overarching socio-political contexts of each of these countries.
During the discussion section, Joint-Government Attorney Mr. Sanjeev Raj Regmi raised the issue of whether the practice of judicial review is undemocratic in a sense that an unelected body invalidates the enactments passed by democratically elected parliament.
In a response to the raised issue, Dr. Husain partially seconded with the idea of judicial review as an undemocratic practice, while highlighting on the fact that the use of judicial review have also been counter-majoritarian but upholding the spirit of the constitution.
Dr. Husain is the author of Judicialization of Politics in Pakistan: A Comparative Study of the Judicial Restraint and its development in India, the US and Pakistan.
Please click here to download the presentation of the lecture delivered by Dr. Waris Husain.