POL S 101 Chapter Notes - Chapter 7: Judicial Restraint, Judicial Activism, Equal Protection Clause
Document Summary
Judiciaries are essential to the functioning of democratic life because they are entrusted with the law. The courts interpret established laws or policies and attempt to determine whether or not they are in line with legal traditions. Judicial review: the court"s power to strike laws that violate the u. s. The power granted to certain supreme courts (high courts) to declare acts and laws passed by legislatures and executives to be invalid if they are in conflict with the country"s constitution. Democracies that subscribe to a separation of power system of government are more likely to employ judicial review, whereas those that fuse power in a parliamentary system are more likely to favor a legislative supremacy system. Judiciary is unique in the modern context because it is generally considered the least representative branch of government. Thus, the practice of judicial review is not necessarily determined by its presence in a country"s constitution.
