Judicial Review Quiz

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.