Changes

Jump to navigation Jump to search
1,035 bytes added ,  23:43, December 26, 2012
an improvement but neeeds more work obviously
Line 1: Line 1: −
'''Judicial review''' is the authority of the federal [[court]]s to declare [[law]] enacted by [[Congress]] un[[constitution]]al.<ref>US Government and Politics</ref>  [[Chief Justice]] Marshall established this doctrine in ''[[Marbury v. Madison]]'':
+
'''Judicial review''' is a legal term to describe the ability of the courts to subject executive and legislative actions to review (and possible invalidation).  In some countries, only executive powers can be judicially reviewed by a courts - in the United Kingdom and New Zealand for instance, the doctrine of parliamentary supremacy means that legislation cannot be set aside.  In many countries however, notably in the US, the courts play a role in determining the constitutionality of legislation.
 +
 
 +
==Review of legislation in the United States==
 +
 
 +
The authority of the federal [[court]]s to declare [[law]] enacted by [[Congress]] un[[constitution]]al.<ref>US Government and Politics</ref>  [[Chief Justice]] Marshall established this doctrine in ''[[Marbury v. Madison]]''
    
:It is emphatically the province and duty of the judicial department to say what the law is.
 
:It is emphatically the province and duty of the judicial department to say what the law is.
Line 6: Line 10:     
This is not to be confused with additional unjustified power taken by the judiciary for itself that is known as [[judicial supremacy]] or [[judicial activism]].
 
This is not to be confused with additional unjustified power taken by the judiciary for itself that is known as [[judicial supremacy]] or [[judicial activism]].
 +
 +
==Review of executive decision making==
 +
 +
In Commonwealth countries, decisions made by Ministers and other members of the executive branch can be subjected to a judicial review.  The court will check to ensure that the decision maker has not acted [[ultra vires]] (beyond their authority), with any procedural impropriety, or in breach of any [[legitimate expectation]].  The courts will not impose their own decision, but rather will ensure that the process that the decision maker followed was legitimate. 
    
==References==
 
==References==
Block, SkipCaptcha, Automoderated users, edit, rollback
907

edits

Navigation menu