Limits on Access to Judicial Review
Steven D Schwinn
- Judicial review of executive action — Judicial review of legislation — Judicial review
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. The vast majority of progressive democratic constitutions explicitly provide for some form of judicial review. This means that courts in most democratic countries around the world have the power to rule an act of the legislature, or an action of an executive officer, inconsistent with the constitution, and thus unconstitutional. Most commonly, the courts can use the power of judicial review to rule an act of the legislature, or an action of an executive officer, in violation of an individual constitutional right. 2. Moreover, most progressive democratic...