Judicial Review Quiz

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Questions and Answers

What is judicial review?

A process under which administrative actions are subject to review by the judiciary

A process under which legislative actions are subject to review by the judiciary

A process under which executive, legislative, and administrative actions are subject to review by the judiciary (correct)

A process under which executive actions are subject to review by the judiciary

What is the basis of separation of powers?

The idea that the judiciary should have ultimate power over the other branches of government

The idea that the executive branch should have ultimate power over the other branches of government

The idea that no branch of government should be able to exert power over any other branch without due process of law (correct)

The idea that the legislative branch should have ultimate power over the other branches of government

What is the difference between common-law and civil-law traditions?

Common-law judges are not involved in the judicial review process, while in the civil-law tradition, judges are the only ones involved in the process.

Common-law judges are seen as those who apply the law, while in the civil-law tradition, judges are seen as sources of law. (correct)

Common-law judges are the only ones involved in the judicial review process, while in the civil-law tradition, judges are not involved in the process.

Common-law judges are seen as sources of law, while in the civil-law tradition, judges are seen as those who apply the law.

What is the principle of ultra vires?

The principle that administrative acts and secondary legislation cannot be reviewed by the courts Signup and view all the answers

What is the difference between primary and secondary legislation?

Primary legislation is created by legislatures, while secondary legislation is created by administrative agencies Signup and view all the answers

Which countries permit a review of the validity of primary legislation?

Some countries permit a review of the validity of primary legislation by general courts, while others permit it by specialized courts Signup and view all the answers

What is the process of judicial interpretation in the United States?

Federal and state courts are able to review and declare the constitutionality of legislation by a process of judicial interpretation Signup and view all the answers

What is the principle of supremacy clauses in the constitutions of Canada and Australia?

The principle that the constitution is the supreme law of the land Signup and view all the answers

What is the model adopted by Russia for judicial review?

Russia adopts a mixed model since courts at all levels, both federal and state, are empowered to review primary legislation, and there is a constitutional court in charge of reviewing the constitutionality of primary legislation. Signup and view all the answers

Study Notes

Judicial Review: Overview and Principles

Judicial review is a process under which executive, legislative, and administrative actions are subject to review by the judiciary.
Judicial review is one of the checks and balances in the separation of powers, and it varies between jurisdictions.
Common-law judges are seen as sources of law, while in the civil-law tradition, judges are seen as those who apply the law.
Separation of powers is based on the idea that no branch of government should be able to exert power over any other branch without due process of law.
Most modern legal systems allow the courts to review administrative acts and secondary legislation.
Some countries do not permit a review of the validity of primary legislation, whereas some review it by general courts and others by specialized courts.
In the United States, federal and state courts are able to review and declare the constitutionality of legislation by a process of judicial interpretation.
Judicial review in Canada and Australia pre-dates their establishment as countries, and more recently, the principle of judicial review flows from supremacy clauses in their constitutions.
Czechoslovakia adopted a system of judicial review by a specialized court in 1920, which was also adopted by Austria.
Russia adopts a mixed model since courts at all levels, both federal and state, are empowered to review primary legislation, and there is a constitutional court in charge of reviewing the constitutionality of primary legislation.
Different countries have different approaches to constitutional review or judicial review.
Judicial review has specific principles, and when carrying out judicial review, a court may ensure that the principle of ultra vires is followed.

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Description

Test your knowledge on judicial review with this informative quiz! Learn about the principles and overview of judicial review, its role in the separation of powers, and its variations in different legal systems. Explore the different approaches to constitutional review in various countries and understand the process of judicial interpretation. Challenge yourself to understand the principle of ultra vires and its significance in judicial review. This quiz will be a great way to enhance your understanding of judicial review and its importance in the legal system.