Difference between revisions of "Judicial review"

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'''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]]'':
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:It is emphatically the province and duty of the judicial department to say what the law is.
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If, for example, a law is unconstitutional, then courts should not enforce it.
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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]].
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==References==
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<references/>
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[[Category:United States Government]]
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[[category:law]]
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[[Category:Legal Terms]]
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Revision as of 15:22, 22 August 2010

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