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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.
Florida used the rational basis test standard of review even though the law was content neutral because a jailhouse is a non-public forum. Ward v. Rock Against Racism , 491 U.S. 781 (1989) held that a city's restriction on loud music volume controlled by equipment and technicians is constitutional because it is narrowly tailored.
Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
The court was of the opinion that if not for national security interests, the application to protect a procedural legitimate expectation through judicial review would have been granted. [38] Protection of procedural legitimate expectations has since been firmly entrenched as one of the court's roles in judicial review.
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 ...
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest".
The Ohio Court of Claims is a court of limited, statewide jurisdiction. The court's jurisdiction extends to matters in which the State of Ohio is a party and the state has waived its sovereign immunity by statute, and also hears appeals from decisions made by the Ohio Attorney General on claims allowed under the Victims of Crime Act.
The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, who are elected at large by the voters of Ohio for six-year terms. The court has a total of 1,550 other ...