judicial review

judicial review
   A key function of the courts. It refers to the power of the courts to interpret the constitution and to declare void actions of branches of government if they are deemed to be in conflict with its requirements. Some countries have a very strong system of judicial review, which is particularly important in federal systems. In the United States, it is the job of the Supreme Court to ensure that each layer of government keeps to its respective sphere and to settle any dispute that arises between them. It has often struck down legislation as ‘unconstitutional’.
   In Britain, there is a much narrower and more limited version of judicial review, enabling the courts to declare the actions of ministers unlawful but not allowing them to question the validity of the law itself. No court has declared unconstitutional any act lawfully passed by the British Parliament, the sovereign law-making body. But since the 1980s, there has been an increasing resort to the process of judicial review, many of the cases dealing with actions taken by government departments and local authorities. The Home Office is the department that has been most challenged in the British courts, attracting as it does some three-quarters of all challenges to government decisions. The doctrine has caused embarrassment to a succession of ministers and on occasion resulted in public confrontations between the courts and the politicians.

Glossary of UK Government and Politics . 2013.

Look at other dictionaries:

  • Judicial review — is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm. Judicial review is an example of the functioning of separation of powers in a modern governmental… …   Wikipedia

  • judicial review — n 1: review 2: a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional; also: the process of using this power see also checks and balances; marbury v …   Law dictionary

  • judicial review — the power of a court to adjudicate the constitutionality of the laws of a government or the acts of a government official. [1920 25] * * * Examination by a country s courts of the actions of the legislative, executive, and administrative branches …   Universalium

  • judicial review — teisminė priežiūra statusas T sritis Politika apibrėžtis Teisminės arba kvaziteisminės institucijos vykdoma kontrolė, ar įstatymų leidžiamosios ir vykdomosios valdžios institucijų priimti norminiai teisės aktai atitinka aukštesnės galios teisės… …   Politikos mokslų enciklopedinis žodynas

  • judicial review — judicial examination; power of the U.S. Supreme Court to determine if a law is unconstitutional …   English contemporary dictionary

  • judicial review — Power of courts to review decisions of another department or level of government. Marbury v. Madison, 5 U.S. (1 Cranch) 137,177, 2 L.Ed. 60. Form of appeal from an administrative body to the courts for review of either the findings of fact, or of …   Black's law dictionary

  • judicial review — noun review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑review …   Useful english dictionary

  • judicial review — judi′cial review′ n. 1) law the power of a court to adjudicate the constitutionality of legislative or executive acts 2) law review 7) • Etymology: 1920–25 …   From formal English to slang

  • judicial review — noun Date: circa 1924 1. review 5 2. a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional …   New Collegiate Dictionary

  • judicial review — noun 1》 (in the UK) a procedure by which a court can pronounce on an administrative action by a public body. 2》 (in the US) review by the Supreme Court of the constitutional validity of a legislative act …   English new terms dictionary

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