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Encyclopedia > Judicial review

Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. In some jurisdictions it is also possible to review the constitutionality of the law itself. Image File history File links Mergefrom. ... It has been suggested that this article or section be merged into Judicial review. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ...

Contents

Specific jurisdictions

England and Wales

Judicial review is a procedure in English administrative law by which English courts supervise the exercise of public power. A person who feels that an exercise of such power by, say, a government minister, the local council or a statutory tribunal, is unlawful, perhaps because it has violated his or her rights, may apply to the Administrative Court (a division of the High Court) for judicial review of the decision. If the application for judicial review is successful, the Court may set aside (quash) the unlawful act. In certain limited circumstances, the Claimant may be able to obtain damages. A court may also make a mandatory or prohibitory order or an injunction to compel the authority to act lawfully or to stop it from acting unlawfully. It has been suggested that this article or section be merged into Judicial review. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Her Majestys High Court of Justice (usually known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature of England and Wales (which under the Constitutional Reform Act 2005, is to be known as the... The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ...


Unlike the United States and some other jurisdictions, English law does not know judicial review of primary legislation (laws passed by Parliament), save in limited circumstances where primary legislation is contrary to EU law (see Factortame). Although the Courts can review primary legislation to determine its compatibility with the Human Rights Act 1998, they have no power to quash or suspend the operation of an enactment which is found to be incompatible with the European Convention of Human Rights - they can merely declare that they have found the enactment to be incompatible. Primary legislation is legislation made by the legislative branch of government. ... The Factortame case was a landmark constitutional case in the United Kingdom (UK), which confirmed the primacy of European Union law over English law. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ...


An example of judicial review is Wood vs MPC for the policing of the metropolois, where the police's policy of photographing political activists attending a shareholder meeting is being contested. Of course. I should have known this.


Scotland

The power of judicial review of all actions of administrative bodies in Scotland (including the Scottish Parliament) is held by the Court of Session. The procedure is governed by Chapter 58 of the Rules of Court. There are no time limits on seeking judicial review, although if proper administration is prejudiced by delay on the part of the pursuer the court may exercise its discretion and refuse to grant review. Despite the procedural differences the substantive law regarding the grounds of judicial review in Scotland is the same as that in England and Wales with decisions in one jurisdiction regarded as highly persuasive in the other. Readers are referred to Judicial review in English Law for further detail on the grounds of review. Generally, it is confined to purely procedural grounds (the official action was illegal or improper), although the court will also sanction decisions which are, in substance, so unreasonable that no reasonable decision maker could have reached it (so-called Wednesbury unreasonableness). A more rigorous standard of substantive review is applied where the matter complained of touches upon the pursuer's rights in terms of the Human Rights Act 1998. About six hundred judicial review cases are raised every year; most are settled by agreement with only a small minority having to be decided by the court. This article is about the country. ... For the national legislative body up to 1707, see Parliament of Scotland. ... The Court of Session is the supreme civil court in Scotland. ... It has been suggested that this article or section be merged into Judicial review. ... Wednesbury unreasonableness is a term that is used to refer to the principle enunciated in the British case of Associated Provincial Picture Houses v. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ...


Republic of Ireland

Judicial review in Ireland is way for the High Court to supervise the Oireachtas to make sure that legislation does not conflict with the Constitution. The High Court (Irish: An Ard-Chúirt) of the Republic of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases, and also acts as a court of appeal for civil cases in the Circuit Court. ... The Oireachtas is the National Parliament of the Republic of Ireland. ...


Malaysia

Although Malaysia inherited the political system of British India based on the Westminster system which made no provision for judicial review, the Federal Constitution of Malaysia instituted a system based on that of the India which was in turn influenced by other constitutions including that of the United States. Judges are empowered to declare laws or executive actions ultra vires if they clashed with the Constitution and/or the parent legislation. However, this power was curbed after the 1988 Malaysian constitutional crisis by then Prime Minister Mahathir bin Mohamad through amendments to the Federal Constitution.[1] A particularly significant amendment was the removal of the judicial power and subjecting the judiciary to such jurisdiction and powers as may be conferred by or under federal law.[2] The merits of detentions made under the Internal Security Act are also not subject to judicial review, but the procedures are.[3] Anthem God Save The Queen/King British India, circa 1860 Capital Calcutta (1858-1912), New Delhi (1912-1947) Language(s) Hindi, Urdu, English and many others Government Monarchy Emperor of India  - 1877-1901 Victoria  - 1901-1910 Edward VII  - 1910-1936 George V  - January-December 1936 Edward VIII  - 1936-1947 George... The Houses of Parliament, also known as the Palace of Westminster, in London. ... The Constitution of Malaysia, comprising 181 articles, is the supreme law of Malaysia. ... Ultra vires is a Latin phrase that literally means beyond the power. ... The Sultan Abdul Samad Building housed the Supreme Court at the time of the 1988 Malaysian constitutional crisis. ... The Prime Minister of Malaysia (in Malay Perdana Menteri) is the indirectly elected head of government of Malaysia. ... Mahathir bin Mohamad (b. ... The Internal Security Act 1960 (ISA) is a preventive detention law in force in Malaysia. ...


Switzerland

Article 190 of the Swiss Federal Constitution states that federal statutes and international law are binding on the Federal Supreme Court. In consequence, the courts are not empowered to review the constitutionality of federal statutes, but will, where possible, construe statutes so as not to create a conflict with the Constitution. The courts can suspend the application of federal statutes that conflict with international law, but tend to exercise this power cautiously and deferentially: In Schubert (BGE 99 Ib 39), the Federal Supreme Court refused to do so because Parliament had consciously violated international law in drafting the statute at issue.


The reason traditionally given for the lack of judicial review is the Swiss system of popular democracy: If 50,000 citizens so demand, any new statute is made subject to a popular referendum. In this sense, it is the people themselves that exercise review. Elections Part of the Politics series Politics Portal This box:      A referendum (plural referendums or referenda), ballot question, or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ...


The situation described above for Swiss federal law applies mutatis mutandis to the constitutional and legal systems of the individual cantons. However, owing to the derogatory power of federal law, federal courts as a matter of course exercise judicial review on cantonal law, as well as on federal executive law (ordinances, executive orders etc.). In Latin, mutatis mutandis means upon changing what needs to be changed, where what needs to be changed is usually implied by a prior statement assumed to be understood by the reader. ... The twenty-six cantons of Switzerland are the states of the federal state of Switzerland. ...


United States

The Constitution states in Article III that: Judicial review is the power of a court to review the actions of public sector bodies in terms of their lawfulness, or to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself. ... Wikisource has original text related to this article: Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the federal government. ...

The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish… The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution

Marbury v. Madison, the basis for the exercise of judicial review in the United States, is a controversial interpretation of the Constitution as applying to the law and politics of government. It implies the power of federal courts to consider or overturn any congressional and state legislation or other official governmental action deemed inconsistent with the Constitution, Bill of Rights, or federal law. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Supreme Court of the United States (sometimes colloquially referred to by the... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... For other uses, see Law (disambiguation). ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The United States Constitution, the supreme law of the United States The United States Reports, the official reporter of the Supreme Court of the United States The law of the United States was originally largely derived from the common law of the system of English law, which was in force...


Philippines

As early as 1936, the Philippine Supreme Court had unequivocally asserted its constitutional authority to engage in judicial review. This power was affirmed in the Supreme Court decision in Angara v. Electoral Commission, 63 Phil. 139 (1936). Nonetheless, the Supreme Court would, in the next several decades, often decline to exercise judicial review by invoking the political question doctrine. In 1987, the constitutional convention tasked to draft a new charter decided to provide for a definition of “judicial power” as a means of inhibiting the Court from frequent resort to the political question doctrine. Hence, Section 1, Article VIII of the 1987 Constitution states in part that:Judicial power includes the duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Judiciary Supreme Court Chief Justice Reynato Puno Court of Appeals · Sandiganbayan Court of Tax Appeals · Ombudsman Elections Commission on Elections 2007 | 2004 | 2001 | 1998 1995 | 1992 | 1986 | All Foreign relations Human rights Other countries Politics Portal      The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas) is the... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a neutral form which will... In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there...


See also:[4]


See also

Judicial interpretation is a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation (see statutory interpretation). ...

Notes and references

  1. ^ "Country Briefing: Malaysia". (Oct. 13, 2005). The Economist.
  2. ^ "Article_121 of the Constitution of Malaysia.
  3. ^ "Malaysia: ISA Detainees Beaten and Humiliated". (Sept. 27, 2005). Human Rights Watch.
  4. ^ Anna Leah Fidelis T. Castañeda (2001). "The Origins of Philippine Judicial Review, 1900-1935". Ateneo Law Journal (republished online by Harvard law School) 46: 121. Retrieved on 2007-07-08. 

  Results from FactBites:
 
Judicial review | Definition | Information | Explanation | Review | WikiCity.com - Wikipedia Free Encyclopedia, Free ... (1069 words)
The ultimate court for deciding the constitutionality of federal or state law under the Constitution of the United States is the Supreme Court of the United States.
In Germany, judicial review is a legal principle defined and guaranteed by the German constitution (often referred to as the Basic Law or Grundgesetz).
Judicial review is indeed intended as a safe guard against majority tyranny and has been successfully employed to challenge, for example, the national census efforts of the German government in the 1980's.
  More results at FactBites »

 
 

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