the power to review laws passed by congress is called judicial review.
the power to review laws passed by congress is called judicial review.
the power to review laws passed by congress is called?
judicial review
in april 2012, during oral argument in a fifth circuit case involving the affordable health care act (aca), judge smith ordered the department of justice to provide his panel of three judges with a three-page, single-spaced report explaining president obama's views on judicial review. judge smith's order was prompted by obama's recent press conference remarks on a case pending before the supreme court in which the court was considering, among other things, whether to strike down the entire aca as unconstitutional. obama had said that if the supreme court overturned the aca, it would be "an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress," and that a law that was passed by congress on an economic issue had not been overturned by the court "going back to the ’30s, pre new deal," remarks that were criticized by many as historically and legally inaccurate. though judge smith's response and order were criticized by some legal scholars and members of the press, bush administration u.s. attorney general and former judge michael mukasey defended smith, stating that obama's remarks had called judicial review "into question," so that "the court has, it seems to me, every obligation to sit up and take notice of mr obama." u.s. attorney general eric holder said that the justice department would respond "appropriately" to the judge's request and filed a short response, conceding that the federal courts have the power to strike down laws passed by congress but citing supreme court precedent for the proposition that those laws are presumed constitutional and should only be overturned "sparingly".
jerry edwin smith
the netherlands does not have a constitutional court and judges do not have the authority to review laws on their constitutionality. international treaties and the statute of the kingdom, however, overrule dutch law and the constitution, and judges are allowed to review laws against these in a particular court case. furthermore, all legislation that is not a law in the strict sense of the word (such as policy guidelines or laws proposed by provincial or municipal government) can be tested on their constitutionality.
politics of the netherlands