Difference between revisions of "Judicial review"
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(New page: The power of judicial review is the authority of the federal courts to say what the law is. Chief Justice Marshall established this doctrine in ''Marbury v. Madison'': :It is emphati...) |
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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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Revision as of 15:03, July 14, 2007
The power of judicial review is the authority of the federal courts to say what the law is. 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.