45 votes

What happens if a law contains an error of fact?

Nix v. Hedden, 149 U.S. 304 (1893) is a famous "error of fact" case in the US. The situation was that there was an import tariff imposed on "vegetables in their natural state" ...
user6726's user avatar
  • 215k
24 votes
Accepted

Can Congress overrule Marbury v. Madison by statute?

Congress can't override substantive rules of constitutional law Marbury v. Madison is a binding interpretation of what the U.S. Constitution permits or denies, and in substance, this law seeks to ...
ohwilleke's user avatar
  • 213k
22 votes

What happens if a law contains an error of fact?

When a statute presents a general category and says that category "includes" some specific examples, those specific examples are deemed to belong to that category for the purpose of the ...
Jen's user avatar
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17 votes

What happens if a law contains an error of fact?

Does that make the capybara legally a "fish" for the purpose of that particular law? Yes. How would that affect courts trying to make determinations about what other things not ...
ohwilleke's user avatar
  • 213k
11 votes

In the U.S., can a higher court request to review the legal case of a lower court without request for review by non-court members?

Do the judges of the higher court have the authority to request to review the legal case that happened in the lower court, such to review the court case and make a decision on the legitimacy of the ...
ohwilleke's user avatar
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9 votes
Accepted

If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?

Marbury V. Madison did not establish judicial review. It was simply the first case where that power was used. It was clearly spelled out in The Federalist #78 that this power would exist in the new ...
David Siegel's user avatar
9 votes

In what cases has the High Court of Australia held a federal law unconstitutional and invalid?

Judicial review As always, Inigo Montoya, is correct - declaring a law unconstitutional is not judicial review in Australia, although it may be a consequence of a judicial review. Judicial review is ...
Dale M's user avatar
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9 votes
Accepted

Does judicial review of legislation in the US require a trial?

Are the steps of the process of judicial review spelled out anywhere? Judicial review isn't a separate kind of legal proceeding. It is something that happens in the course of making legal rulings in ...
ohwilleke's user avatar
  • 213k
8 votes
Accepted

Do cases of Jury Nullification set precedent?

"Precedent" refers to a finding of what the law is. A jury only finds facts, and operates (supposedly) within the meaning of the law as already established. All the jury reports is "yes" and "no" to ...
user6726's user avatar
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8 votes
Accepted

How blatant the circumvention of the Constitution has to be for SCOTUS to act?

Your question: "How blatant the circumvention of the Constitution has to be for SCOTUS to act?" indicates some confusion about the big picture of how contesting the constitutionality of a law works. ...
ohwilleke's user avatar
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8 votes
Accepted

Does being overturned on appeal have consequences for the careers of trial judges?

canada The mere fact of being frequently overturned on appeal would only have reputational consequences and secondary effects on career advancement (not suggesting these are minor effects). But being ...
Jen's user avatar
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7 votes

Does being overturned on appeal have consequences for the careers of trial judges?

united-states Does being overturned on appeal have consequences for the careers of trial judges? In general no. Indeed, federal judges serve for life. And, judges in some state courts serve for life,...
ohwilleke's user avatar
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6 votes

How low is the bar for "legitimate government interest"?

This is a bit sideways of your question, but the Supreme Court has held that "a bare congressional desire to harm a politically unpopular group cannot constitute a legitimate governmental interest." ...
Dave Pantzer's user avatar
6 votes

Without judicial review, what is the point of the Dutch constitution?

Compliance with the Dutch Constitution is evaluated pre-enactment, rather than post-enactment as indicated below. The Dutch Constitution prohibits the courts from reviewing the constitutionality ...
ohwilleke's user avatar
  • 213k
6 votes

What happens if a law contains an error of fact?

Does that make the capybara legally a "fish" for the purpose of that particular law? Yes. I actually just dealt with this issue on the municipal level. A project of mine was before the ...
Pyrotechnical's user avatar
5 votes

When has Judicial Review not been the process used to deem an act unconstitutional?

Several examples come to mind. This may not be comprehensive. Attorney General's Opinions Ands The Equivalent In state and federal governments in the United States, there is typically an official in ...
ohwilleke's user avatar
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5 votes

Can Congress overrule Marbury v. Madison by statute?

No This particular attempt at jurisdiction stripping would fail as it attacks the Supreme Court’s original jurisdiction: In all cases affecting ambassadors, other public ministers and consuls, and ...
Dale M's user avatar
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5 votes
Accepted

What is a judicial review vs administrative review?

In simple terms does someone request a judicial review when they believe their rights have been violated and want a court to make an order that would help them? No. A judicial review in Canada is ...
xngtng's user avatar
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5 votes
Accepted

Can a court-declared unconstitutional law become valid when it's added to the constitution?

Before the election, can a lawsuit prevent the amendment question from being put on the ballot? No. Generally speaking, the constitutionality of an otherwise procedurally proper ballot initiative is ...
ohwilleke's user avatar
  • 213k
5 votes

Do courts declare acts of the legislature unconstitutional?

Judicial Review Of Legislation Judicial Review In The United States U.S. courts have done this since at least the U.S. Supreme Court case of Marbury v. Madison in 1803, described in detail in this Law....
ohwilleke's user avatar
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4 votes

How blatant the circumvention of the Constitution has to be for SCOTUS to act?

The 3rd amendment has two distinct parts: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner This is an absolute prohibition and any law which attempted ...
Dale M's user avatar
  • 209k
4 votes

When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?

Generally speaking if it is substantively unconstitutional for the government to punish a certain kind of criminal conduct, then this provides a basis for a "collateral attack" on the ...
ohwilleke's user avatar
  • 213k
4 votes

USA Supreme Court and Congress response

Keep in mind that the U.S. Supreme Court usually is engaged in interpreting valid laws that are passed by Congress, rather than interpreting the U.S. Constitution or invalidating laws passed by ...
ohwilleke's user avatar
  • 213k
4 votes

are there any legal systems in the world where the judiciary and the legislature are the same?

Historically, this was true in the Icelandic Commonwealth in the Middle Ages, and in some democratic Greek city-states in the classical era. Similarly, in non-democratic feudal regimes, the lord or ...
ohwilleke's user avatar
  • 213k
4 votes
Accepted

What is the story with declarations of incompatibility and the otherwise ostensible binding Ness of the human rights act?

The UK has parliamentary sovereignty, not separation of powers Unlike, say, the United States, where the legislature, the judiciary, and the executive have co-equal power in their respective spheres, ...
Dale M's user avatar
  • 209k
4 votes

Do courts declare acts of the legislature unconstitutional?

germany While regular courts cannot legally determine the constitutionality of a law, they must still consider it. If they deem a law unconstitutional, they ask the constitutional courts (of the ...
Peter - Reinstate Monica's user avatar
3 votes
Accepted

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? In U.S. law, the law has effect again, unless it has ...
ohwilleke's user avatar
  • 213k
3 votes

Can Congress overrule Marbury v. Madison by statute?

Yes and no. Legally, no: Generally speaking, Marbury holds that it is the constitutional duty of the courts to interpret the law, including the constitution: It is emphatically the province and duty ...
bdb484's user avatar
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3 votes
Accepted

USA Supreme Court and Congress response

There are, in essence, two "layers" of federal law. The Constitution, and the body of laws passed by Congress. The Constitution cannot be changed by Congress directly, and in any case, the process of ...
sharur's user avatar
  • 8,793
3 votes

What was the first instance of a US State striking down a law as inconsistent with that state's constitution?

The earliest I know of is Bayard v. Singleton, 1 N.C. 5 (N.C. Super. 1787), which dealt with a North Carolina statute that confiscated land held by British subjects and required the courts to dismiss ...
bdb484's user avatar
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