USA HISTORY

THE VIRGINIA DYNASTY 1801 1825

THOMAS JEFFERSONS PRESIDENCY LOUISIANA PURCHASE LEWIS CLARK AND MORE

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
The right of the Supreme Court to decide if laws passed by Congress are constitutional and if not, to void them is called
A
Judicial Overview
B
Ovaling the Office
C
Senate Chambers
D
Judicial Review
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: -Exclusion of judicial review means the situations in which the high courts’ and Supreme Court’s writ-exercising powers are limited. It may be defined as the restrictions/limitations placed on the courts’ ability to evaluate the activities of a public entity, including the administration and legislature.

Detailed explanation-4: -Judicial Review of both state and central laws: Laws made by centre and state both are the subject to the judicial review. All the laws, order, bye-laws, ordinance and constitutional amendments and all other notifications are subject to judicial review which are included in Article 13(3) of the constitution of India.

Detailed explanation-5: -Judicial review is a protection and not a weapon. In India, the courts will interfere with the discretionary powers exercised by the administration in the following circumstances: (1) Failure to exercise discretion; or (2) Excess or abuse of discretion.

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