USA HISTORY

THE VIRGINIA DYNASTY 1801 1825

JOHN MARSHALLS SUPREME COURT DURING THE VIRGINIA DYNASTY

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
The Supreme Court’s reviewing and ruling on acts of other branches of the government and determining if a law is unconstitutional is called ____
A
supremacy.
B
law review.
C
judicial review.
D
Supreme ruling.
Explanation: 

Detailed explanation-1: -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-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: -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-4: -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-5: -The doctrine of Judicial review is basically the power of the judiciary to decide on the constitutional validity of the acts of the other wings of the government (the executive and the legislative). The objective is to regulate any such acts which may contravene the constitution.

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