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Questions tagged [judicial-review]

The determination of the validity (usually in the face of a claim of unconstitutionality) of a statute enacted by the legislature, or regulation adopted by the executive branch, by a court. In the Commonwealth, this term often is reserved specifically for a particular kind of application: judicial review of administrative actions.

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What happens if a law contains an error of fact?

If a law is passed that contains a demonstrably false statement or assumption about the world, how is it generally interpreted? For example, laws will often list a category of things, and then give examples of specific things in the category. It is…
interfect
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When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?

We just had a question about what happens to convicts if a law is repealed. However, that question's example of homosexual behavior wasn't decriminalized in the US by legislative action, but rather by the Supreme Court ruling the laws…
cpast
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Can Congress overrule Marbury v. Madison by statute?

Can the United States' Congress pass a statute (by simply majority of both houses, then signed into law by the President) which says: Using the power granted to us by Article III, Section 2, clause 2 of the Constitution, the Supreme Court is…
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Without judicial review, what is the point of the Dutch constitution?

I gather from various sources (note: most links are in Dutch) that no process of judicial review exists in the Netherlands. In my understanding, most democracies have a process for creating, amending and removing ordinary legislation (requiring a…
Drubbels
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In the U.S., can a higher court request to review the legal case of a lower court without request for review by non-court members?

I was reading about certiorari, and I was under the impression that courts have the authority to request to review a legal case of a lower court without someone, such as a party to the case, petitioning for judicial review. Let's say that someone…
Dennis Francis Blewett
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If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?

Background Marbury V. Madison established the practice of Judicial review in the United States, though the principle existed before the case. This gave the Supreme Court power to invalidate laws, or portions of laws, that it found unconstitutional.…
isakbob
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If legislative intent is considered when interpreting laws, why don't lawmakers attach a note to the law explaining their intentions?

When a judge is deciding whether a law applies to a particular case, they often look at historical documents or transcripts of legislative proceedings to determine whether the lawmakers would've intended the law to apply in this case. For instance…
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In what cases has the High Court of Australia held a federal law unconstitutional and invalid?

The High Court of Australia has the power of judicial review of legislation, including federal legislation made by the Parliament of Australia, for conformity with the Constitution of Australia, and therefore the court may declare any law…
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Does being overturned on appeal have consequences for the careers of trial judges?

Would a 95% rate of being overturned on appeal have any effect on a judge's career?
Jon
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are there any legal systems in the world where the judiciary and the legislature are the same?

it's well known that the limited lawmaking power that a judiciary has comes from interpretation of statutes but are there any systems where the judiciary and the legislature are one and the same and have broad lawmaking powers ?
user49663
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Does judicial review of legislation in the US require a trial?

When the state or national legislature passes a law that would seem to violate the constitution, is a plaintiff and a trial required to begin the process of judicial review? Are the steps of the process of judicial review spelled out anywhere?
Eric
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When has Judicial Review not been the process used to deem an act unconstitutional?

Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional?
user89
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Practical equivalent of judicial review permission stage in Scotland

Judicial Review claims in England and Wales require a court's permission to proceed to a full hearing (CPR 54.4). The idea is to prevent claims with no prospect of success from taking up the court's time and incurring needless expense on the part…
Flup
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Do cases of Jury Nullification set precedent?

After reading the answers from this question, What is jury nullification?, I was wondering if cases of Jury Nullification would set legal precedent within a given jurisdiction. For example, a legal system with three tiers. a jury-trial found the…
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How low is the bar for "legitimate government interest"?

The default and lowest standard of review for constitutional questions in the US is "rational basis review". Higher standards are required, if fundamental rights or suspect classifications are at issue. As Cornell summarizes the situation, "to pass…
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