Judicial Review

Judicial Review in the United States

Concept of Judicial Review

In the U.S., in the context of Judiciary power and branch, Judicial Review has the following meaning: The power of the judicial branch to review actions of the legislative and executive branches (as well as the state governments) to determine whether those acts are allowed by constitutional law. If the courts determine that the acts violate the constitution, they nullify those acts. (Source of this definition of Judicial Review : University of Texas)

Judicial Review

Concept of Judicial Review

In the U.S., in the context of the U.S. Constitution and Federalism, Judicial Review has the following meaning: The authority of courts to determine the constitutionality of acts committed by the legislative and executive branches or state level of government and to nullify (strike down) acts judged to be in violation of the constitution. (Source of this definition of Judicial Review : University of Texas)

Judicial Review

Here is the abstract of Keith Whittington´s “overcoming obstructions” theory of political support for judicial review:

The exercise of constitutional review by an independent and active judiciary is commonly regarded as against the interest of current government officials, who presumably prefer to exercise power without interference. In this article, I advance an “overcoming obstructions” account of why judicial review might be supported by existing power holders. When current elected officials are obstructed from fully implementing their own policy agenda, they may favor the active exercise of constitutional review by a sympathetic judiciary to overcome those obstructions and disrupt the status quo. This provides an explanation for why current officeholders might tolerate an activist judiciary. This dynamic is illustrated with case studies from American constitutional history addressing obstructions associated with federalism, entrenched interests, and fragmented and cross-pressured political coalitions.

Judicial Review in relation to Public Officers

Judicial Review in relation to Discharge from or termination of employment

In the context of Local and State goverment law and Judicial Review, find out more detailed information about this topic in this American legal Encyclopedia.

Judicial Review in the U.S. Legal History

Summary

The power of the courts to determine the constitutionality of acts of other branches of government and to declare unconstitutional acts null and void.

Judicial Review

Leading Case Law

Among the main judicial decisions on this topic:

Massachusetts v. E.P.A.

Information about this important court opinion is available in this American legal Encyclopedia.

Darby v. Cisneros

Information about this important court opinion is available in this American legal Encyclopedia.

Judicial Review (Alternative Dispute Resolution)

This section introduces, discusses and describes the basics of judicial review. Then, cross references and a brief overview about Alternative Dispute Resolution is provided. Finally, the subject of Civil Procedure in relation with judicial review is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Judicial Review (Arbitration)

This section introduces, discusses and describes the basics of judicial review. Then, cross references and a brief overview about Arbitration is provided. Finally, the subject of Admiralty Law in relation with judicial review is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Judicial Review (Referees)

This section introduces, discusses and describes the basics of judicial review. Then, cross references and a brief overview about Referees is provided. Finally, the subject of Judicial Officers in relation with judicial review is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Judicial Review (U.S. Federal Communications Commission)

This section introduces, discusses and describes the basics of judicial review. Then, cross references and a brief overview about U.S. Federal Communications Commission is provided. Finally, the subject of Communications Law in relation with judicial review is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Judicial Review (U.S. Federal Trade Commission Actions)

This section introduces, discusses and describes the basics of judicial review. Then, cross references and a brief overview about U.S. Federal Trade Commission Actions is provided. Finally, the subject of Antitrust, Trade Law in relation with judicial review is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Judicial Review (Administrative Law)

This section introduces, discusses and describes the basics of judicial review. Then, cross references and a brief overview about Administrative Lawin relation to judicial review is provided. Note that a list of bibliography resources and other aids appears at the end of this entry.

Judicial Review in relation to Public Officers

Judicial Review in relation to Discharge from or termination of employment

In the context of Local and State goverment law and Judicial Review, find out more detailed information about this topic in this American legal Encyclopedia.

Judicial Review in the U.S. Legal History

Summary

The power of the courts to determine the constitutionality of acts of other branches of government and to declare unconstitutional acts null and void.

Judicial Review

Leading Case Law

Among the main judicial decisions on this topic:

Massachusetts v. E.P.A.

Information about this important court opinion is available in this American legal Encyclopedia.

Darby v. Cisneros

Information about this important court opinion is available in this American legal Encyclopedia.

Judicial Review

In Legislation

Judicial Review in the U.S. Code: Title 5, Part I, Chapter 7

The current, permanent, in-force federal laws regulating judicial review are compiled in the United States Code under Title 5, Part I, Chapter 7. It constitutes “prima facie” evidence of statutes relating to Government Organization (including judicial review) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Government Agencies of the US Code, including judicial review) by chapter and subchapter.

Judicial Review

In Legislation

Judicial Review in the U.S. Code: Title 2, Chapter 25, Subchapter IV

The current, permanent, in-force federal laws regulating judicial review are compiled in the United States Code under Title 2, Chapter 25, Subchapter IV. It constitutes “prima facie” evidence of statutes relating to Congress (including judicial review) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Mandates Reform of the US Code, including judicial review) by chapter and subchapter.

Resources

See Also

  • Judiciary Power
  • Constitution
  • Federalism
  • Judiciary Branch
  • Administrative Law
  • Judicial Administration

Judicial Review: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Judicial Review. This part provides references, in relation to Judicial Review, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Judicial Review by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Judicial Review and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Judicial Review or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Judicial Review and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Judicial Review. Finding these decisions can be challenging. In many cases, researchers about Judicial Review should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Judicial Review when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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