Emergency Power and Judicial Activism: A Comparative Legal Study

Abstract

The research investigates how emergency powers interact with judicial activism through a study of various legal systems. The executive branch receives emergency powers during crises which include wars and natural disasters and pandemics because these powers enable government officials to exercise special powers that endanger basic human rights and democratic values. Courts practice judicial activism as they examine executive policies to safeguard constitutional rights. The research shows how courts in the United States India the United Kingdom and Germany handle judicial intervention during emergency situations. The research analyzes theoretical frameworks and landmark cases and emergency judicial review standards to demonstrate that effective crisis management requires a balanced system which safeguards civil liberties.

Keywords: Judicial Activism, Legal System, Courts, Examine, United States.