USA HISTORY

MAKING OF A NEW NATION 1776 1800

THE BILL OF RIGHTS THE CONSTITUTIONS FIRST 10 AMENDMENTS

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Which Basic Principle says that the Supreme Court may declare any legislative or executive action violating the Constitution to be illegal?
A
Limited Government
B
Separation of Powers
C
Popular Sovereignty
D
Judicial Review
Explanation: 

Detailed explanation-1: -Judicial Review is governed by the principle of “Procedure established by law” as given in Article 21 of the Indian Constitution. The law has to pass the test of constitutionality if it qualifies it can be made a law. On the contrary, the court can declare it null and void.

Detailed explanation-2: -The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

Detailed explanation-3: -Madison, Chief Justice John Marshall established the principle of judicial review, an important addition to the system of “checks and balances” created to prevent any one branch of the Federal Government from becoming too powerful.

Detailed explanation-4: -The Constitution vests in the judiciary, the power to adjudicate upon the constitutional validity of all laws. If a law made by Parliament or the state legislatures violates any provision of the Constitution, the Supreme Court has the power to declare such a law invalid or ultra vires.

Detailed explanation-5: -Article 32 in The Constitution Of India 1949.

There is 1 question to complete.