ABSTRACT

In order to compare the modern differences in the use of judicial review by the Supreme Courts of Pakistan, India, and the United States, it is important to understand each nation’s colonial legal history. This chapter examines the relative ineffectiveness and rejection of colonial courts by citizens of the American colonies, where lawyers and judges lacked public credibility. The opposite was true in the Indian colonies, as judges and lawyers were often held in high regard; many had been formally trained in Britain and were able to hold high posts in the colonial administration. The modern expansion of judicial review and judicial power in general in Pakistan and India can be traced to its colonial heritage. The same can be said for the relatively limited review exercised by the United States Supreme Court.