A report on Judicial review, Judiciary and Constitution
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary.
- Judicial reviewA court with authority for judicial review, may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution.
- Judicial reviewIn many jurisdictions the judicial branch has the power to change laws through the process of judicial review.
- JudiciaryCourts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution, treaties or international law.
- JudiciaryThe term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review: "for that were to set the judicial power above that of the legislature, which would be subversive of all government".
- ConstitutionSweden had already enacted its 1809 Instrument of Government, which saw the division of power between the Riksdag, the king and the judiciary.
- Constitution1 related topic with Alpha
Separation of powers
0 linksSeparation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.
The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the trias politica model.
Constitutions with a high degree of separation of powers are found worldwide.
It also has the power of judicial review, allowing it to review the constitutionality of laws.