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In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution.
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 ...
The Constitution says nothing about removal jurisdiction, which "was a powerful device to assert the primacy of the national judicial power over that of the states." [ 10 ] The Act created the Office of Attorney General , whose primary responsibility was to represent the United States before the Supreme Court.
Marbury v. Madison and Judicial Review. University Press of Kansas. ISBN 978-0-7006-0517-0. (Claims that it is a mistake to read the case as claiming a judicial power to tell the President or Congress what they can or cannot do under the Constitution.) Irons, Peter H. (1999). A People's History of the Supreme Court. Penguin Books. pp. 104–107.
Besides its power of judicial review (Normenkontrolle ), it has a number of other powers and responsibilities which are assign to it by the state constitution . [11] Bavarian Constitutional Court (German: Bayrischer Verfassungsgerichthof; abbreviated: VerfGH BY) is the state constitutional court for the Free State of Bavaria.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
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The Judicial Vesting Clause (Article III, Section 1, Clause 1) of the United States Constitution bestows the judicial power of the United States federal government to the Supreme Court of the United States and in the inferior courts of the federal judiciary of the United States. [1]