What is judicial review?
What is the basis of separation of powers?
What is the difference between common-law and civil-law traditions?
What is the principle of ultra vires?
What is the difference between primary and secondary legislation?
Which countries permit a review of the validity of primary legislation?
What is the process of judicial interpretation in the United States?
What is the principle of supremacy clauses in the constitutions of Canada and Australia?
What is the model adopted by Russia for judicial review?
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.
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.
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