Judicial review notes
Judicial review is the power of courts to assess whether a law is constitutional. This practice ensures that legislative and executive actions adhere to the Constitution.
Quiz(17 domande)
1. Which case first established the principle of judicial review?
Termini in questo set(20)
What is judicial review?
Judicial review is the authority of courts to invalidate laws or government actions that violate the Constitution.
Who established judicial review?
Judicial review was established by the Supreme Court in the case Marbury v. Madison (1803).
True or false: Judicial review is mentioned in the Constitution.
False, because judicial review is not explicitly mentioned but is inferred from the Constitution's structure.
Difference between judicial review and legislative review
Judicial review assesses the constitutionality of laws, while legislative review involves the legislative branch checking its own laws.
Fill in the blank: The landmark case for judicial review is _____ v. Madison.
Marbury
What does it mean for a law to be unconstitutional?
A law is unconstitutional if it conflicts with the principles set forth in the Constitution.
True or false: Only the Supreme Court can exercise judicial review.
False, because lower courts also have the power to engage in judicial review.
What is the significance of judicial review?
Judicial review protects individual rights and maintains the balance of power among branches of government.
Question: What primary role does judicial review serve?
It ensures that laws comply with the Constitution and protects against abuses of power.
What case first addressed the issue of judicial review?
Marbury v. Madison (1803) was the first case to address judicial review.
True or false: Judicial review can lead to the nullification of a law.
True, because a court can declare a law invalid if found unconstitutional.
Difference between judicial activism and judicial restraint
Judicial activism refers to an active role in policymaking, while judicial restraint emphasizes limited court involvement.
What is the role of the Supreme Court in judicial review?
The Supreme Court is the highest authority in interpreting the Constitution and has final say in judicial review.
Example of a law struck down by judicial review
The Affordable Care Act was challenged but upheld, while other laws have been struck down for violating constitutional rights.
Fill in the blank: Judicial review helps maintain the _____ of government.
rule of law
What does the term 'unconstitutional' imply?
It implies that a law is in conflict with the U.S. Constitution and, therefore, invalid.
Question: Can state laws be subject to judicial review?
Yes, state laws can be reviewed to ensure they comply with both state and federal constitutions.
True or false: Judicial review is a check on legislative power.
True, because it allows courts to invalidate laws that exceed legislative authority.
What impact does judicial review have on democracy?
Judicial review protects minority rights and prevents the tyranny of the majority by ensuring laws uphold constitutional standards.
Fill in the blank: Judicial review is an essential part of the _____ system.
checks and balances
Domande in questo set(17)
1. Which case first established the principle of judicial review?
2. What does judicial review allow courts to do?
3. Which of the following is NOT a function of judicial review?
4. What is the primary purpose of judicial review?
5. Which branch of government primarily conducts judicial review?
6. True or false: Judicial review can influence public policy.
7. Which of the following is an example of judicial activism?
8. What is the relationship between judicial review and the rule of law?
9. What might happen if judicial review did not exist?
10. Fill in the blank: Judicial review is a key component of the _____ system.
11. True or false: Judicial review is part of the executive branch's powers.
12. What is judicial restraint?
13. Which case ruled against a law that violated constitutional rights?
14. What is the effect of a law being declared unconstitutional?
15. Which of the following statements is TRUE regarding judicial review?
16. What role do justices play in judicial review?
17. Fill in the blank: Judicial review helps ensure the _____ of government.
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