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Some have argued that judicial review exclusively by the federal courts is unconstitutional [72] based on two arguments. First, the power of judicial review is not delegated to the federal courts in the Constitution. The Tenth Amendment reserves to the states (or to the people) those powers not delegated to the federal government.
Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within ...
Section 2 of Article Three delineates federal judicial power. The Case or Controversy Clause restricts the judiciary's power to actual cases and controversies, meaning that federal judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Section 2 states that the ...
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it ...
However, Congress may further limit the scope of judicial review of agency actions by including such language in the authorizing statute. To set aside formal rulemaking or formal adjudication for which procedures are trial-like, [ 16 ] a different standard of review allows courts to question agency actions more strongly.
In the United States, the standard is the highest and most stringent standard of judicial review and is part of the levels of judicial scrutiny that US courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle.
Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a compelling governmental interest, and "rational basis review", a lower standard of review that requires the law or policy be rationally related to a legitimate government interest.
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing.