A constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional. Back
The power of courts to declare a law null and void because it is unconstitutional. For example, while laws have been passed banning flag burning, the Courts have ruled that flag burning is a type of speech and therefore you cannot make it illegal without violating the First Amendment.
A type of civil litigation challenging a government decision, usually the propriety of some regulatory decision.
The doctrine that the Supreme Court may find statutes passed by Congress to be void if they violate the Constitution ( return).
a review of a decision by a court authorized and conducted under the Judicial Review Procedure Act primarily concerned with the fairness of the procedures used to make a decision, whether or not the decision maker was acting within his or her jurisdiction, and errors of law.
Principle established by the Supreme Court in 1803 that allows the court to strike down laws it deems unconstitutional.
the power of a court to strike down laws as unconstitutional.
Doctrine that permits the federal courts to declare unconstitutional, and thus null and void, acts of the Congress, the executive, and the states. The precedent for judicial review was established in the 1803 case of Marbury v. Madison.
the power of the Supreme Court to decide whether a law is consitutional or not.
The ability of the U.S. Supreme Court to declare an act of Congress unconstitutional.
The means by which the courts seek to ensure the legality of the actions of public authorities.
The power of a court to rule laws unconstitutional and therefore null and void.
review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
an examination of legislation or executive action to decide whether it exceeds to powers granted in the Constitution
a type of legal action that can be used to challenge decisions made by public bodies
The power of the courts to determine the constitutionality of the actions of the legislative and executive branches of government. The precedent for Judicial Review was established in the 1803 case of Marbury v. Madison.
An appeal from an administrative body to the courts for review of either the findings of fact or of law, or of both.
The power of courts to declare laws and executive actions unconstitutional.
Power of courts to review decisions of another department or level of government.
A uniform system for the exercise by the High Court of its supervisory jurisdiction over other inferior courts Tribunals and public bodies. The remedy for judicial review deals with the decision making process not the actual decision
a request put to the High Court for a ruling on the legal validity of a decision taken by a public body.
the power of a superior court or other adjudicative entity to review a decision and issue an order to affirm, reverse or remand.
The means by which a person can challenge a decision made by a public authority. In immigration law, it is most commonly used to challenge unfavourable decisions made by the Home Office.
The power of the judicial branch to declare acts of the executive and legislative branches unconstitutional.
The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.
A case brought before a court to determine if the decisions made by a labor board or other government agency are legal.
In political systems where the judiciary relatively independent, the judiciary can interpret or even revoke the policy decisions and actions taken by the other political structures, thus exercising the power of judicial review. In the United States, for example, the Supreme Court exercises the power of judicial review when it declares that a law passed by Congress is unconstitutional.
Review of proceedings that have taken place in a court.
Acceptance by the courts of litigation challenging statutes and regulatory actions or proposals; the judicial branch check on legislative and executive branch actions.
A court review that looks at the progress of the parents and the youth in order to decide the safest place for the youth to live. There must be a Judicial Review within 18 months (soon to be 12 months) of the child entering custody and at least every 12 months after that.
Authority of court to review and declare unconstitutional actions of other branches of government.
The power of a court to judge the constitutionality of the laws of a government or the acts of a government official.
The legal doctrine that courts may pass judgement on the constitutionality of laws passed by legislatures instead of merely resolving disputes in accordance with those laws. A power not granted to the judiciary under the United States Constitution which only defines the jurisdiction of the courts (the types of cases they may handle). Successfully ignored by some early presidents, it is now regarded as cast in stone and a favorite necropimping tool for Birthist Abortionites to thwart all attempts to restore legal protection to prenatal children.
Judicial Review is an important part of public life since it makes the acts of those who run the country open to the independent scrutiny of the courts and helps to ensure that due process is followed and that powers are not abused. If a person in public office, a minister for example, has a power to do something and a decision is taken which those whom it affects believe to have been wrongly taken, then those affected by it can apply to the courts to have the decision reviewed to see whether the decision has been reached in a lawful manner and in accordance with any regulations which granted the power to make the decision.
A Procedure which enables the High Court to review the actions and decisions of bodies carrying out administrative functions whether of an executive or judicial nature eg the actions of a local authority. The decision may be challenged on the grounds that the action is unlawful, unreasonable or the body has acted with procedural impropriety.
A process whereby a court of law is asked to rule on the appropriateness of an administrative agency or tribunal's decision. Judicial review is a fundamental principle of administrative law. A distinctive feature of judicial review is that the "appeal" is not usually limited to errors in law but may be based on alleged errors on the part of the administrative agency on findings of fact.
The power to declare unconstitutional and thus void the actions of Congress, the president, the states, and other governmental bodies.
A provision in the Criminal Code of Canada that allows an offender, who was convicted of murder and has spent at least 15 years of a life sentence in custody, to apply to the court to seek a reduction of the waiting period before being considered for parole.
power of the Supreme Court to review the constitutionality of laws passed by Congress and by the states
power of a court to refuse to enforce a law or government regulation which it believes to be unconstitutional. Chief Justice John Marshall articulated this right in the decision of Marbury v. Madison (1803). So far, the Supreme Court has ruled about 1500 congressional acts or parts of acts unconstitutional.
The authority of a court to review the actions of other branches of government. This authority includes the ability to declare actions of other branches unconstitutional.
a court's power to refuse to enforce an unconstitutional law. It is part of the system of checks and balances. Judicial review should be distinguished from appellate review, which refers to an appellate court's power to reverse decisions of lower courts.
Although the Constitution did not specifically authorize the courts to declare laws void when they conflicted with the Constitution, courts soon exercised this power of judicial review. The case of "Marbury v. Madison" (1803) established the Supreme Court's and other federal courts' authority of judicial review of the acts of Congress.
The means by which a person can challenge a decision made by a public authority where there is no right of appeal against the decision or no alternative remedy.
An offender who has been convicted of murder and sentenced to imprisonment for life without eligibility for parole for more than fifteen years may apply for a judicial review. The review determines whether to reduce the number of years of imprisonment. Offenders have to serve at least fifteen years of their sentence to be eligible.
Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. In many jurisdictions, the court has the power to strike down that law, to overturn the executive act, or order a public official to act in a certain manner if it believes the law or act to be unconstitutional or to be contrary to law in a free and democratic society. In some, such as Scotland and also England, the power goes further, and it may be possible to strike down a decision simply because it ignored relevant and material facts.