LEGL 215 Lecture Notes - Lecture 2: Shanty Town, Institute For Operations Research And The Management Sciences, Justiciability
17 Aug 2018
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Key points - chapter 2 courts and adr. Judicial review: the process by which a court decides the constitutionality of legislative enactments and actions by the executive branch. While the u. s. constitution makes no mention of the power of judicial review, alexander hamilton and james madison both advocated the concept of judicial review as a necessary part of the checks and balances that characterize our federal government. In marbury v. madison (1803) , arguably the most significant case in american constitutional law, the u. s. supreme court opined: It is emphatically the province and duty of the [courts] to say what the law is . So if the law be in opposition to the constitution [t]he court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty. Jurisdiction: the authority of a court to hear and decide a specific action.
