judicial review

judicial review
judicial review n
2: a constitutional doctrine that gives to a court system the power to annul legislative or executive acts which the judges declare to be unconstitutional; also: the process of using this power see also checks and balances; marbury v. madison in the important cases section

Merriam-Webster’s Dictionary of Law. . 1996.

judicial review
noun certirari, judicial analysis, judicial review, judicial scrutiny, legal analysis, legal review, legal scrutiny Specifically judicial scrutiny associated concepts: appellate system, basis to appeal, grounds to appeal, judicial issue, jurisdiction, trial de novo

Burton's Legal Thesaurus. . 2006


judicial review
n.
(1) The power of the courts to review the acts of other branches of the government, usually in order to determine that the law is properly applied to a matter, especially in constitutional matters; review by the Supreme Court of acts by the legislature, as established in the case Marbury v. Madison
(2) Review of a trial court’s decision by an appellate court.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


judicial review
in the constitutional law of the UK, control by courts over certain decisions taken by administrative and other decision-making bodies. The procedure is most often used in relation to the control by the courts of the administrative actions of public bodies. The general rule is that the courts will not interfere in the normal decision-making process. One of the most commonly applied rules is that derived from the case Associated Provincial Picture Houses v . Wed-nesbury Corporation [1948] 1 KB 223. This 'Wednesbury' principle is that the courts may interfere where the decision that has been taken is one that no reasonable body could have reached: it is accordingly formulated to curb excess of power, a concept known to Continental jurists as exces de pouvoir in France, where there is a long tradition of droit administratif, or administrative law. Recently, the distinction between public law control and private law has been emphasised, and it has been said in the House of Lords that 'one can conveniently classify under three heads the grounds upon which administrative action is subject to control by judicial review. The first could I would call illegality, the second irrationality, and the third procedural impropriety': Council of Civil Service Unions v. Minister for the Civil Service [1985] AC 374. Traditional redress had been given and still is on the basis of ultra vires. Both in England and in Scotland, special procedures have been created to allow parties to obtain swift and competent decisions. Breaches of natural justice fall within the grounds of such review as a form of procedural impropriety.
For Scotland, where the availability of judicial review is different, see West v . Secretary of State for Scotland 1992 SLT 636.

Collins dictionary of law. . 2001.


judicial review
Broadly, the way in which the courts supervise government ministers and departments, industry regulators, local authorities and other public bodies to ensure that they act lawfully and fairly. The principles of judicial review are based on case law which is continually being developed by the courts. It is, therefore, a very flexible area of the law that tends to reflect changes in society.
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


judicial review
n. A court's power of review of the decisions of lower courts or of the actions of other branches of government.

Webster's New World Law Dictionary. . 2000.


judicial review
A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles.

Dictionary from West's Encyclopedia of American Law. 2005.


judicial review
I
A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles.
 II The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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