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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Judicial Review

Rainer Grote

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 12 December 2018

Subject(s):
Separation of powers — Judicial review of executive action — Judicial review of legislation — Judicial independence — Judicial power — Judicial review — Judicial decisions

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Judicial review means review of acts issued by the legislature or an executive body by a judicial authority for their consistency with higher law, namely the constitution (in the case of primary legislation) and statutory law (in the case of executive acts, including secondary legislation). It seems that the term was first used with regard to the process by which courts monitored administrative agencies for their compliance with statutory requirements before it was extended to include the already well-entrenched process by which courts enforced constitutional...
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