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Judicial review (view source)

Revision as of 13:32, July 8, 2007

525 bytes added ,  13:32, July 8, 2007
New page: The power of judicial review is the authority of the federal courts to say what the law is. Chief Justice Marshall established this doctrine in ''Marbury v. Madison'': :It is emphati...
The power of judicial review is the authority of the federal courts to say what the law is. 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.

If, for example, a law is unconstitutional, then courts should not enforce it.

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]].
[[category:law]]
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