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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Limits on Access to Judicial Review

Steven D Schwinn

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
January 2017

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Judicial review of executive action — Judicial review of legislation — Judicial review

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

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...
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