Difference between revisions of "Judicial review"
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| − | + | '''Judicial review''' is the authority of the federal [[court]]s to declare [[law]] enacted by [[Congress]] un[[constitution]]al.<ref>US Government and Politics</ref> [[Chief Justice]] Marshall established this doctrine in ''[[Marbury v. Madison]]'': | |
:It is emphatically the province and duty of the judicial department to say what the law is. | :It is emphatically the province and duty of the judicial department to say what the law is. | ||
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This is not to be confused with additional unjustified power taken by the judiciary for itself that is known as [[judicial supremacy]] or [[judicial activism]]. | This is not to be confused with additional unjustified power taken by the judiciary for itself that is known as [[judicial supremacy]] or [[judicial activism]]. | ||
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| + | ==References== | ||
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| + | <references/> | ||
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| + | [[Category:Unites States Government]] | ||
[[category:law]] | [[category:law]] | ||
[[category:legal terms]] | [[category:legal terms]] | ||
Revision as of 13:06, November 13, 2007
Judicial review is the authority of the federal courts to declare law enacted by Congress unconstitutional.[1] Chief Justice Marshall established this doctrine in Marbury v. Madison:
- It is emphatically the province and duty of the judicial department to say what the law is.
If, for example, a law is unconstitutional, then courts should not enforce it.
This is not to be confused with additional unjustified power taken by the judiciary for itself that is known as judicial supremacy or judicial activism.
References
- ↑ US Government and Politics