It's unconstitutional! 🙀

👈🏼 You Should Really Know This

May 15, 2024

Wednesday: Law & Civics

What is the name given to the power of a court to declare a law or action unconstitutional?

Pick One

This power, pivotal in maintaining the balance of power within a democracy, allows courts to interpret the constitutionality of legislative and executive actions…

Judicial Review is the name given to the power of a court to declare a law or action unconstitutional

Judicial review is the legal principle by which courts have the authority to invalidate laws or governmental actions that they deem unconstitutional. This power, pivotal in maintaining the balance of power within a democracy, allows courts to interpret the constitutionality of legislative and executive actions. Through judicial review, courts can safeguard fundamental rights and ensure adherence to constitutional principles. It serves as a cornerstone of modern democratic governance, enabling checks and balances that prevent the overreach of governmental authority.

Origin Story: Judicial review, as a concept, traces its roots back to the landmark case of Marbury v. Madison in 1803, where Chief Justice John Marshall asserted the Supreme Court's authority to strike down laws conflicting with the Constitution. This case established the principle of judicial review in the United States.

Global Influence: While often associated with the United States, judicial review is not unique to American jurisprudence. Many other countries, including India, Germany, and South Africa, have adopted similar systems of constitutional review, albeit with variations in scope and procedure.

Evolutionary Process: The scope and application of judicial review have evolved over time through various court decisions and amendments to constitutions. In some cases, judicial review has expanded to encompass issues beyond traditional legal matters, such as social and economic policies, leading to ongoing debates about the proper role of the judiciary in democratic governance.

It's unconstitutional! 🙀

👈🏼 You Should *Really* Know This

What is the name given to the power of a court to declare a law or action unconstitutional?

Pick One

Judicial Review is the name given to the power of a court to declare a law or action unconstitutional

👈🏼 You Should Really Know This

It's unconstitutional! 🙀

What is the name given to the power of a court to declare a law or action unconstitutional?

Pick One

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