USA HISTORY

MAKING OF A NEW NATION 1776 1800

THOMAS JEFFERSON

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Which of the following is an example of judicial review?
A
Congress votes to approve a Supreme Court appointment.
B
A newspaper editorial criticizes a Supreme Court decision.
C
A decision by a lower court is appealed to the Supreme Court.
D
The Supreme Court rules that a new law violates the Constitution.
Explanation: 

Detailed explanation-1: -Also stated that Article 368 gives the procedure to amend the Constitution but does not confer on Parliament the power to amend the Constitution. This case is also sometimes cited as an example of Judicial Activism.

Detailed explanation-2: -judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.

Detailed explanation-3: -The Doctrine of Judicial review was for the first time formulated by the Supreme Court of America in the historic case of “Marbury v. Madison".

Detailed explanation-4: -Judicial review in India is a process by which the Supreme Court and the High Courts of India review executive or legislative actions. They may invalidate amendments, laws, acts and governmental actions that are incompatible with the terms of the Constitution of India.

Detailed explanation-5: -The Supreme Court has been vested with the power of judicial review. It means that the Supreme Court may review its own judgment order. Judicial review can be defined as the competence of a court of law to declare the constitutionality or otherwise of a legislative enactment.

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