answersLogoWhite

0

Not entirely. Judicial review involves the power to declare a law or Executive Order unconstitutional, but the heart of judicial review is analyzing a law or order relevant to a case before the court to determine whether it is in keeping with constitutional principles, both as written and as applied.

A law may be constitutional on its face (as written), but be used in a way that violates the Constitution (as applied). Under these circumstances, the law itself is not declared unconstitutional, but it is prevented from being used in an unconstitutional manner.

Judicial review also applies in the many, more abundant cases where the court analyzes a law and upholds the law against a constitutional challenge.

User Avatar

Wiki User

14y ago

What else can I help you with?

Related Questions

What power can declare unconstitutional acts of government?

That power is the power of judicial review.


What is the power to review laws and declare them unconstitutional called?

Judicial Review.


What branch has the power to declare an executive act unconstitutional?

The Judicial Branch had this power. The process in which this branch declare laws constitutional or unconstitutional is called the Judicial Review


What is the power of the supreme court to declare law or government action unconstitutional?

The US Supreme Court's ability to declare an Act of Congress unconstitutional arises from the implied power of judicial review.


What is the power of the supreme court to declare laws unconstitutional an example of?

Judicial review


What name is given to the Supreme Court's power to declare a law unconstitutional?

The name given to the Supreme Court's power to declare a law unconstitutional is judicial review.


The power of the Supreme Court to declare laws unconstitutional is an example of what principal?

Judicial review


What power did marbury vs Madison give to the courts?

The power to declare a law unconstitutional (Judicial Review).


What was a result of the Supreme Court case Marbury v Madison?

The Supreme Court gained the power to declare laws unconstitutional


How does Judicial Review make the Judicial Branch as powerful as the other 2 branches?

None of the three branches of government have more power than the other two. They do, however, have different responsibilities. The judicial branch has the power to declare a law unconstitutional, for example.


What term means that the courts have the power to declare a law unconstitutional?

The power of the supreme court to declare a law "unconstitutional" is called Judicial Review. No part of the constitution actually grants this power explicitly to the Supreme Court, but the case of Marbury vs. Madison established this power and has been the accepted precedent for granting the Supreme Court the power of Judicial Review ever since.


Which branch of government has the power to declare acts of the excutive branch unconstitutional?

The Judicial Branch has the power to declare the acts unconstitutional.