* The Judicial Review Power

Judicial review is a power held by courts to review the actions of legislative and executive branches of government and determine whether those actions are constitutional. This power is a cornerstone of constitutional and administrative law, and is essential to ensuring that government actions align with the principles and rules set forth in a country's constitution. In this explanation, we will explore key terms and vocabulary related to the judicial review power in the context of the Professional Certificate in Constitutional and Administrative Law.

Constitution: A country's constitution is the supreme law of the land, outlining the structure and powers of government, as well as the rights and freedoms of citizens. The constitution serves as a framework for governance and sets limits on the actions of government actors.

Judicial review: Judicial review is the power of courts to review the actions of legislative and executive branches of government and determine whether those actions are constitutional. This power allows courts to ensure that government actions align with the principles and rules set forth in a country's constitution.

Legislative branch: The legislative branch is the branch of government responsible for making laws. In the United States, the legislative branch is composed of the Congress, which is made up of the House of Representatives and the Senate.

Executive branch: The executive branch is the branch of government responsible for enforcing laws. In the United States, the executive branch is headed by the President and includes various departments and agencies.

Separation of powers: Separation of powers is the principle that the three branches of government (legislative, executive, and judicial) should be separate and distinct, with each branch having its own powers and responsibilities. This principle is designed to prevent any one branch from becoming too powerful and to ensure that government power is balanced and accountable.

Checks and balances: Checks and balances is the system of checks and balances built into the separation of powers principle. Each branch of government has the power to check and balance the other branches, ensuring that no one branch becomes too powerful.

Constitutionality: Constitutionality refers to whether an action or law is in line with the principles and rules set forth in a country's constitution.

Ultra vires: Ultra vires is a legal term that refers to an action or decision that is beyond the legal authority or power of a person or body. In the context of judicial review, courts may declare an action or decision ultra vires if it is not authorized by law or exceeds the powers of the actor.

Standard of review: The standard of review is the level of scrutiny that a court will apply when reviewing the actions of the legislative or executive branches. There are several standards of review, including rational basis review, intermediate scrutiny, and strict scrutiny. The standard of review will depend on the type of action being reviewed and the rights or interests at stake.

Rational basis review: Rational basis review is the lowest standard of review, and is used to determine whether a law or action is rationally related to a legitimate government interest. This standard is typically used in cases involving economic or social regulations.

Intermediate scrutiny: Intermediate scrutiny is a higher standard of review, and is used to determine whether a law or action is substantially related to an important government interest. This standard is typically used in cases involving discrimination or other protected rights.

Strict scrutiny: Strict scrutiny is the highest standard of review, and is used to determine whether a law or action is necessary to achieve a compelling government interest. This standard is typically used in cases involving fundamental rights, such as freedom of speech or religion.

Justiciability: Justiciability refers to whether a case is appropriate for judicial review. A case must be justiciable in order for a court to hear it. There are several factors that courts consider when determining justiciability, including ripeness, standing, and political questions.

Ripeness: Ripeness refers to whether a case is ready for judicial review. A case may not be ripe if the issues are not yet mature or if the

consequences of the action have not yet been felt.

Standing: Standing refers to whether a party has a sufficient interest in the outcome of a case to bring it before a court. A party must have standing in order to bring a case.

Political questions: Political questions are issues that are not appropriate for judicial review because they involve political considerations or are beyond the power of courts to resolve.

Precedent: Precedent is a legal principle that requires courts to follow the decisions of higher courts in similar cases. Precedent helps to ensure consistency and predictability in the law.

Stare decisis: Stare decisis is a legal principle that requires courts to follow precedent and to adhere to established legal principles. This principle is designed to promote stability and predictability in the law.

Writ of mandamus: A writ of mandamus is a court order that requires a government actor to perform a duty that is owed to the plaintiff. This type of order is typically used in cases where a government actor has failed to take an action that is required by law.

Writ of prohibition: A writ of prohibition is a court order that prohibits a government actor from taking an action that is not authorized by law. This type of order is typically used in cases where a government actor is about to take an action that would be unlawful.

Habeas corpus: Habeas corpus is a legal principle that allows a person who is being detained to challenge the legality of their detention. This principle is designed to protect individuals from unlawful detention and to ensure that government actors follow the law.

Due process: Due process is a legal principle that requires the government to follow fair and established procedures when taking actions that affect individual rights. Due process helps to ensure that government actions are fair and just.

Equal protection: Equal protection is a legal principle that requires the government to treat all individuals equally and to avoid discrimination. This principle is designed to ensure that the government does not favor one group of individuals over another.

Procedural due process: Procedural due process refers to the procedures that the government must follow when taking actions that affect individual rights. These procedures may include notice, a hearing, and an opportunity to be heard.

Substantive due process: Substantive due process refers to the substance of the laws and actions that the government takes. This principle requires the government to respect individual rights and to avoid taking actions that are arbitrary or capricious.

Fundamental rights: Fundamental rights are the most basic and essential rights that are protected by a country's constitution. These rights may include freedom of speech, freedom of religion, and the right to due process.

Suspect classifications: Suspect classifications are groups of individuals who are protected from discrimination under the constitution. These groups may include race, religion, and national origin.

Quasi-judicial: Quasi-judicial refers to actions or decisions that are made by administrative agencies or other government actors that have some of the characteristics of a judicial decision. These actions or decisions may be subject to judicial review to ensure that they are constitutional.

Deference: Deference is the practice of giving special weight or consideration to the decisions of administrative agencies or other government actors. This practice is designed to promote consistency and predictability in the law.

Chevron deference: Chevron deference is a legal principle that requires courts to defer to the interpretations of administrative agencies when those interpretations are reasonable. This principle is designed to promote consistency and predictability in the law.

In conclusion, the judicial review power is a critical component of constitutional and administrative law, and is essential to ensuring that government actions align with the principles and rules set forth in a country's constitution. Understanding the key terms and vocabulary related to this power is essential for anyone seeking to understand the role of courts in reviewing the actions of the legislative and executive branches. By familiarizing yourself with these terms, you will be better equipped to analyze and understand the complex legal issues that arise in this area of law.