Ability of courts to review actions by executive and legislatures
Not to be confused with Law review.
This article is about court power over non-judicial branches. For court power over lower courts, see Appellate review.
Administrative law
General principles
Administrative court
Delegated legislation
Exhaustion of remedies
Justiciability
Ministerial act
Ouster clause
Prerogative writ
Certiorari
Habeas corpus
Mandamus
Prohibition
Quo warranto
Rulemaking
Ultra vires
Grounds for judicial review
Fettering of discretion
Legitimate expectation
Nondelegation doctrine
Procedural justice
Natural justice
Due process
Fundamental justice
Proportionality
Unreasonableness
Wednesbury
Patent unreasonableness
Administrative law in common law jurisdictions
Australia
Canada
Singapore
South Africa
United Kingdom
Scotland
United States
Administrative law in civil law jurisdictions
China
Mongolia
Ukraine
Related topics
Constitutional law
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The High Court of Australia. Under the Constitution of Australia, the judiciary forms part of the separation of powers, with executive or legislative actions subject to review by the judiciary. Laws, acts and governmental actions that are incompatible with a higher authority (e.g. the Constitution) can be reviewed and overturned
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary.[1]: 79 In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.
^Elliott, Mark (2001). The constitutional foundations of judicial review. Oxford [England]: Hart Pub. ISBN 978-1-84731-051-4. OCLC 191746889.
Judicialreview is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary.: 79 ...
In the United States, judicialreview is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates...
Judicialreview in India is a process by which the Supreme Court and the High Courts of India examine, determine and invalidate the Executive or Legislative...
Canada, judicialreview is the process that allows courts to supervise administrative tribunals' exercise of their statutory powers. Judicialreview of administrative...
The term judicialreview is not expressly used in Bangladeshi law, but Article 102 of the Constitution of Bangladesh allows writ petitions to be filed...
Judicialreview is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends...
firstly, judicialreview of domestic ordinances as to their compatibility with the Basic Law ("constitutional review"); secondly, judicialreview of administrative...
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications...
The South African judiciary has broad powers of judicialreview under the Constitution of South Africa. Courts are empowered to pronounce on the legality...
jurisdictions the judicial branch has the power to change laws through the process of judicialreview. Courts with judicialreview power may annul the...
Judicialreview in Scotland is a part of United Kingdom constitutional law that functions within the framework of Scots administrative law. The power...
the statute at issue. The reason traditionally given for the lack of judicialreview is the Swiss system of popular democracy: If 50,000 citizens so demand...
India based on the Westminster system, which made no provision for judicialreview, the Federal Constitution of Malaysia instituted a system based on...
had unequivocally asserted its constitutional authority to engage in judicialreview. This power was affirmed in the Supreme Court decision in Angara v...
services. Judicialreview was adopted by the constitution of India from judicialreview in the United States. In the Indian constitution, judicialreview is...
limiting the Supreme Court's power to exercise judicialreview, granting the government control over judicial appointments and limiting the authority of its...
the judiciary to check the legislature is enhanced by the power of judicialreview. This power can be used, for example, by mandating certain action when...
authorizes judicialreview, but the Framers did contemplate the idea, and precedent has since established that the courts could exercise judicialreview over...
States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court...
Judicialreview, under which executive actions of the Government are subject to review, and possible invalidation, is used in New Zealand. Judicial review...
Case as implying the possibility of judicialreview, but by the 1870s, Lord Campbell was dismissing judicialreview as "a foolish doctrine alleged to have...
for all civil and criminal cases in India. It also has the power of judicialreview. The Supreme Court, which consists of the Chief Justice of India and...
all of which pertained to the institutions of state. The power of judicialreview is not addressed in Basic Law: The Judiciary, or elsewhere in Israel’s...
those in which a State shall be Party." The court holds the power of judicialreview: the ability to invalidate a statute for violating a provision of the...
can overturn laws made by their legislatures via a process called judicialreview. For example, the United States Supreme Court has decided such topics...
constitutions endow the Austrian court system with broad powers of judicialreview. All Austrian courts are charged with verifying that the statutes and...
of the Traditional Unionist Voice, and Baroness Hoey, applied for a judicialreview of the Northern Ireland Protocol, which is part of the Brexit withdrawal...
ultimate judicial authority to interpret the Japanese constitution and decide questions of national law. It has the power of judicialreview, which allows...
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