Judicial review in USA: With special reference to protection of wetlands
Judiciary has the power to review the other branches of Government viz. the executive, legislative as well as lower judiciary and this is called judicial review. In USA, the superior Judiciary enjoys the power of judicial review and upon various grounds a citizen’s environmental litigation becomes basis for ‘judicial review’ with the stretched helping hands of the U.S. Judicial system. In this way, the Judiciary can review any law or action which violates any legal or fundamental rights. In U.S.A., the process of judicial review has become a process to rescue wetlands in USA as well as maintaining balance between wetlands conservation and ensuring sustainable development using wise use principles as set out by the International Convention. Enumeration of certain un-enumerated environmental rights within the purview of Personal liberty and adoption of principles of ultra vires in administrative actions has given boost to the wetlands protection and restoration mechanisms in USA. Inspite of some limitations, the US Courts have become successful in expanding the protection measures for wetlands by invoking concept of judicial review in compliance to international obligations of USA.