Judicial Review and Good Governance in Nepal: A Critical Analysis

Abstract

Judicial review and good governance are essential components of constitutional democracy and the rule of law. Judicial review enables courts to examine the legality and constitutionality of legislative, executive, and administrative actions, while good governance promotes transparency, accountability, participation, and adherence to legal principles. This study critically analyzes the role of judicial review in promoting good governance in Nepal under the Constitution of Nepal, 2015. The research adopts a doctrinal legal methodology based on the analysis of primary sources, including constitutional provisions, statutes, and landmark decisions of the Supreme Court of Nepal, as well as relevant secondary literature. The study finds that judicial review has significantly strengthened constitutional supremacy, the protection of fundamental rights, administrative accountability, transparency, and public interest litigation. However, challenges such as judicial delays, weak enforcement of judgments, institutional limitations, and concerns regarding judicial overreach continue to affect its effectiveness in ensuring good governance.