Judicial Review Can Best Be Described as the Power of a Federal Court to :
judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative artillery of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void. The establishment of judicial review in this sense depends upon the existence of a written constitution.
The conventional usage of the term judicial review could exist more accurately described every bit "constitutional review," considering there also exists a long practice of judicial review of the deportment of administrative agencies that require neither that courts have the power to declare those actions unconstitutional nor that the state have a written constitution. Such "administrative review" assesses the allegedly questionable actions of administrators against standards of reasonableness and abuse of discretion. When courts make up one's mind challenged administrative actions to be unreasonable or to involve abuses of discretion, those deportment are declared null and void, as are actions that are judged inconsistent with constitutional requirements when courts practice judicial review in the conventional or ramble sense.
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ramble law: Judicial review
The first examples of written constitutions came from the U.s.a.. The United States likewise gave the world an institution that has become...
Whether or not a court has the power to declare the acts of government agencies unconstitutional, information technology can accomplish the aforementioned result by exercising "indirect" judicial review. In such cases the court pronounces that a challenged rule or activity could not accept been intended by the legislature because it is inconsistent with some other laws or established legal principles.
Constitutional judicial review is normally considered to accept begun with the assertion by John Marshall, fourth master justice of the United States (1801–35), in Marbury v. Madison (1803), that the Supreme Court of the United states of america had the power to invalidate legislation enacted by Congress. At that place was, however, no express warrant for Marshall's assertion of the power of judicial review in the actual text of the Constitution of the U.s.; its success rested ultimately on the Supreme Court'southward own ruling, plus the absence of effective political challenge to it.
Constitutional judicial review exists in several forms. In countries that follow U.South. practice (due east.g., Kenya and New Zealand), judicial review can be exercised only in physical cases or controversies and only later the fact—i.e., only laws that are in upshot or actions that have already occurred tin can be found to be unconstitutional, and and then just when they involve a specific dispute between litigants. In France judicial review must take place in the abstract (i.e., in the absence of an actual example or controversy) and before promulgation (i.east., before a challenged police force has taken effect). In other countries (eastward.grand., Republic of austria, Deutschland, Republic of korea, and Spain) courts can exercise judicial review only afterward a law has taken effect, though they tin do then either in the abstract or in concrete cases. Systems of constitutional judicial review besides differ in the extent to which they allow courts to do it. For example, in the United States all courts take the power to entertain claims of unconstitutionality, but in some countries (e.g., France, Germany, New Zealand, and South Africa) only specialized constitutional courts tin can hear such claims.
A number of the constitutions drafted in Europe and Asia after Earth War II incorporated judicial review in various forms. For instance, in France, where the Cour de Cassation (the highest court of criminal and civil entreatment) has no power of judicial review, a constitutional council (Conseil Constitutionnel) of mixed judicial-legislative graphic symbol was established; Germany, Italy, and South Korea created special ramble courts; and Republic of india, Japan, and Pakistan fix supreme courts to exercise judicial review in the manner generally used in the The states and in the British Democracy.
After World State of war II many countries felt strong force per unit area to adopt judicial review, a result of the influence of U.Due south. constitutional ideas—particularly the idea that a system of constitutional checks and balances is an essential element of autonomous government. Some observers concluded that the concentration of government power in the executive, substantially unchecked past other agencies of authorities, contributed to the rise of totalitarian regimes in Deutschland and Japan in the era betwixt World State of war I and World War 2. Although judicial review had been relatively uncommon earlier World State of war 2, past the early 21st century more than than 100 countries had specifically incorporated judicial review into their constitutions. (This number does not include the Us, whose constitution still includes no mention of the practice.)
C. Neal Tate
Source: https://www.britannica.com/topic/judicial-review
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