Law 3101A/B Study Guide - Quiz Guide: Montesquieu, Direct Democracy
16 Oct 2018
School
Department
Course
Professor
Document Summary
Judicial review judicial review: - judges overrule the will of the lawmaker. Judges impose policy choices on society through their own interpretation of what the constitution is supposed to mean. But they don"t have the legislative power to do so. Can be checks and balance between state organs (judiciary checks the legislature) Supremacy = protects the peoples wills (in popular sovereignty system) Marbury vs. madison: - constitution is higher in rank to ordinary laws. Judges must let the const. prevail over these laws that passed the congress and violate the const. Courts shall protect the individuals and minorities decentralized system: - constitution is a norm that all judges must uphold whenever they are asked to apply a law whose validity is doubt. Regular jurisdictions of all courts is first to resolve the conflicts of norms and then the disputed between the parties centralized system: - southern, central, eastern europe.
