The bill may possibly be constitutional and needed for the country, but the people in the judicial branch don't think so, making for a flawed system.
Judicial Review allows the courts to declare acts of the legislature and the executive to be unconstitutional and thus null and void. It gives the Judicial Branch the power to interpret the laws and actions of the other two branches and is an important part of the "checks and balances" system established in the Constitution to prevent any one branch from becoming too powerful. Judicial Review may cause a president or Congress to delay some activity or law until they get an opinion from legal advisers as to the constitutionality of the action or law, but it establishes how and who will have the final say as to the constitutionality of that act or law.
Case law is law developed through appellate courts' decisions of how law applies to facts and whether a set of facts constitutes some kind of legal wrong. The good thing is that courts try to follow from the last case that is similar ("precedent" or "stare decisis") and change things only when they see the facts as different requiring different outcomes. This provides consistency in the legal system, so that if you have one situation that is like others, it should be viewed by the courts the same way. The major disadvantage is that once courts establish a precedent, getting them to change it can be extremely difficult. For example, it took over 50 years for the courts to change the law and decide that the idea of "separate but equal" laws regarding the races was wrong because things were never really equal and therefore were discriminatory.
One must think what is case law.....then....one can truly understand the question....and perhaps one should count to oneself to truly understand ons dilema
the advantages of the federal is get right jesus is coming
ewan ko rin
Judicial review... which was given binding authority by Maybury v Madison in 1803
judicial review
"Constitution review" most likely refers to the courts' power of judicial review. For more information about judicial review, see Related Questions, below.
Judicial Review
Judicial review is an implied power of the Judicial Branch in the US government, but an established practice in common law.
judicial review
I do not know who said that but if you are wondering what it refers to, that would be a judicial review.
Judicial Review
That power is the power of judicial review.
Judicial review... which was given binding authority by Maybury v Madison in 1803
judicial review
Advantages and Disadvantages of equity
A judicial review allows the Supreme Court to annul any acts of the state that is deemed to be unconstitutional. This decision was made during the Marbury v. Madison case which stated that they have the right to review the acts of Congress to determine its constitutionality.
no the power of judicial review is not mentioned in the constitution. because Judicial Review was used in 13th century law but the courts didn't agree with it so it was forgotten. until the case of Marbury v. Madison that is when Judicial Review came back to the power of the Supreme Court.
advantages and disadvantages
"Constitution review" most likely refers to the courts' power of judicial review. For more information about judicial review, see Related Questions, below.
Judicial Review