Judicial Review Limitations

Judicial Review Limitations in the United States

Judicial Review Limitations

Introduction to Judicial Review Limitations

There are several restrictions on the exercise of judicial review. Courts may strike down unconstitutional laws only when cases are brought to them. In the absence of a case, judges may not issue advisory opinions-that is, they may not say what they think a constitutional rule means or whether a law is invalid. Moreover, not every case presents the possibility of judicial review. The parties seeking review must have “standing”-that is, they must be the ones actually affected by the law in question. Also, the dispute must be “ripe”-a person may not ask a court to void a law if it has not yet been applied to that person. If the Constitution says that other branches of the government have discretion to deal with an issue, the courts will not review such so-called political questions. For example, the courts have no authority to overturn the president’s decision to pardon a felon since the Constitution provides that the right to pardon is an executive function.” (1)

Resources

Notes and References

Guide to Judicial Review Limitations


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