Questions tagged [judicial-review]

The determination of the validity (usually in the face of a claim of unconstitutionality) of a statute enacted by the legislature, or regulation adopted by the executive branch, by a court.

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Why judge 'wrong to find that Art 3 created a procedural obligation to investigate whether there was a risk of a breach by the receiving state'?

I don't grasp the emboldened sentence. Pls see the question in title. How does investigating "whether there was a risk of a breach by the receiving state" differ from "whether such a risk actually ...
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For what “apparently formalistic procedural reasons” would courts deny potential illegality to continue unchallenged?

I read the judgment on BAILII, but still don't grasp the meaning of the boldening. Bradley, Ewing. Constitutional and Administrative Law (2018 17 ed). p 683.       Claims for ...
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Why would estoppel allow officials to play fast and loose with legal rules and the limits of a public authority’s powers, duties or jurisdiction?

I read all three cases in footnote 193, but they don't explain the boldening.       At an earlier time, the courts rejected the use of the private law doctrine of estoppel in easing ...
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How is judicial review about seeking to enforce government bodies' duties, but not rights allegedly infringed?

Mark Elliott. Public Law (3 ed 2017). pp 573-574. Elliott distinguishes between judicial review ("JR") to enforce duties on agencies, and judicial review to enforce rights. He says this is an ...
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Why is it just “lazy and non-falsifiable” thinking to believe judicial review is just politics or values in a different guise?

Does non-falsifiable mean this and this? Please see subject.       Fifth, and finally, always remember that legal reasoning matters. It is true that normative outlooks on a ...
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What is the super-Wednesbury standard of reasonableness?

A brief Oxford law dictionary entry on Wednesbury unreasonableness mentions that recent cases indicate that the standard of unreasonableness may be applied with varying degrees of stringency. In ...
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Can Congress overrule Marbury v. Madison by statute?

Can the United States' Congress pass a statute (by simply majority of both houses, then signed into law by the President) which says: Using the power granted to us by Article III, Section 2, clause ...
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If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?

Background Marbury V. Madison established the practice of Judicial review in the United States, though the principle existed before the case. This gave the Supreme Court power to invalidate laws, or ...
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System of Checks and Balances: Judicial Overreach?

Israel has no formal constitution. Instead, it has a series of "foundational laws" that can only be changed by a supermajority and serve as a de facto constitution. In 1992, the Israeli Supreme Court ...
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Without judicial review, what is the point of the Dutch constitution?

I gather from various sources (note: most links are in Dutch) that no process of judicial review exists in the Netherlands. In my understanding, most democracies have a process for creating, amending ...
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Can a Judge Review Case Facts Without Going to Trial?

I have foggy recollections of a method where a Judge can review a collection of facts without conducting a trial. I have been thinking the process is called "Judicial Review", but this idea does ...
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Can a Judical Misconduct Complaint be read or searched for?

I have read a news article stating that 15 misconduct complaints were filed against Justice Kavanaugh to the "federal appeals court in Washington, D.C." I found that searching the "https://www.cadc....
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If legislative intent is considered when interpreting laws, why don't lawmakers attach a note to the law explaining their intentions?

When a judge is deciding whether a law applies to a particular case, they often look at historical documents or transcripts of legislative proceedings to determine whether the lawmakers would've ...
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New trial motions-once the motion for summary judgment has a response may new trial motion be invoked?

Litigation in the pretrial phase progresses to the point of possibly one party filing the MSJ. After that motion has been responded to and the judge has the responsibility to rule on it, may he, for ...
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Do cases of Jury Nullification set precedent?

After reading the answers from this question, What is jury nullification?, I was wondering if cases of Jury Nullification would set legal precedent within a given jurisdiction. For example, a legal ...
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What happens to struck-down laws when the decision(s) that killed them are reversed?

If a law is struck-down as unconstitutional, but all the precedent used to find it unconstitutional gets reversed; what becomes of the law? Is it totally dead, needing be passed anew? Can the ...
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How low is the bar for “legitimate government interest”?

The default and lowest standard of review for constitutional questions in the US is "rational basis review". Higher standards are required, if fundamental rights or suspect classifications are at ...
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USA Supreme Court and Congress response

I was viewing this video, which is the Crash Course on Government and Politics #22 : judicial Decisions The teacher says: "[Supreme Court] justices might be influenced by congress because they ...
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How blatant the circumvention of the Constitution has to be for SCOTUS to act?

Consider the 3rd Amendment: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Suppose now ...
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Academic Judicial Affairs

I was asked to appear to the Judicial Affairs office at my University. Although innocent, they slapped me with "cheating" and "lewd conduct" -- amongst other charges I am unaware of (and are ...
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Is the SCOTUS rule of four enforceable?

If the supreme court broke the rule of four, where would you go to sue them in order to get an injunction to make them not break it? For those who don't know, the rule of four is the rule that ...
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When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?

We just had a question about what happens to convicts if a law is repealed. However, that question's example of homosexual behavior wasn't decriminalized in the US by legislative action, but rather by ...
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Practical equivalent of judicial review permission stage in Scotland

Judicial Review claims in England and Wales require a court's permission to proceed to a full hearing (CPR 54.4). The idea is to prevent claims with no prospect of success from taking up the court's ...
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When has Judicial Review not been the process used to deem an act unconstitutional?

Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional?