A report on Judicial review, Constitution and Separation of powers

The High Court of Australia. Under the Constitution of Australia, the judiciary forms part of the separation of powers, with executive or legislative actions subject to review by the judiciary. Laws, acts and governmental actions that are incompatible with a higher authority (e.g. the Constitution) can be reviewed and overturned
Constitution of the Year XII (First French Republic)
John Locke
Constitution of the Kingdom of Naples in 1848.
Montesquieu
Detail from Hammurabi's stele shows him receiving the laws of Babylon from the seated sun deity.
George Washington at Constitutional Convention of 1787, signing of U.S. Constitution
Diagram illustrating the classification of constitutions by Aristotle.
Third volume of the compilation of Catalan Constitutions of 1585
The Cossack Constitution of Pylyp Orlyk, 1710.
A painting depicting George Washington at the Constitutional Convention of 1787 signing of the U.S. Constitution
Constitution of May 3, 1791 (painting by Jan Matejko, 1891). Polish King Stanisław August (left, in regal ermine-trimmed cloak), enters St. John's Cathedral, where Sejm deputies will swear to uphold the new Constitution; in background, Warsaw's Royal Castle, where the Constitution has just been adopted.
Presidential copy of the Russian Constitution.
Magna Carta
United States Constitution

A 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 review

Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.

- Judicial review

The 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".

- Constitution

Constitutions with a high degree of separation of powers are found worldwide.

- Separation of powers

Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism, separation of powers, the written constitution, and judicial review, can be traced back to the experiments of that period.

- Constitution

It also has the power of judicial review, allowing it to review the constitutionality of laws.

- Separation of powers
The High Court of Australia. Under the Constitution of Australia, the judiciary forms part of the separation of powers, with executive or legislative actions subject to review by the judiciary. Laws, acts and governmental actions that are incompatible with a higher authority (e.g. the Constitution) can be reviewed and overturned

2 related topics with Alpha

Overall
The Commonwealth Law Courts Building in Melbourne, the location of the Melbourne branches of the Federal Circuit Court of Australia, the Federal Court of Australia, the Family Court of Australia, as well as occasional High Court of Australia sittings

Judiciary

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System of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

System of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

The Commonwealth Law Courts Building in Melbourne, the location of the Melbourne branches of the Federal Circuit Court of Australia, the Federal Court of Australia, the Family Court of Australia, as well as occasional High Court of Australia sittings
Corpus Iuris Civilis, 1607
Gratian
Lady Justice (Latin: Justicia), symbol of the judiciary. Statue at Shelby County Courthouse, Memphis, Tennessee

Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case.

In many jurisdictions the judicial branch has the power to change laws through the process of judicial review.

Courts 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.

Parliamentary sovereignty

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Concept in the constitutional law of some parliamentary democracies.

Concept in the constitutional law of some parliamentary democracies.

It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent.

In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances.