Judicial review

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Judicial Review

Judicial review (pronunciation: ju·di·cial re·view /ˈjo͞odəSHəl rəˈvyo͞o/) is a process under which executive or legislative actions are subject to review by the judiciary.

Etymology

The term "judicial review" comes from the Latin judicium meaning "judgment" and the French revue meaning "review". It was first used in this context in Marbury v. Madison (1803) by the United States Supreme Court.

Definition

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. It's a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

Related Terms

  • Constitutional law: The body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.
  • Administrative law: The body of law that governs the activities of administrative agencies of government.
  • Separation of powers: The division of political authority into the legislative, executive, and judicial branches of government.
  • Judiciary: The system of courts that interprets and applies the law in the name of the state.
  • Legislation: Laws, considered collectively.
  • Executive (government): The organ exercising authority in and holding responsibility for the governance of a state.

See Also

External links

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