Monday, March 11, 2013

H6

1) Judicial review is the court's power to determine if acts of Congress and the Executive branch are Constitutional.
2) Judicial review gives the Supreme Court power over the Legislative and Executive branch because it checks up on them by making sure they are following the laws of the land and it is balanced because this does not give the Court the power to make or pass legislation.
3) A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. The Supreme Court issues a writ of certiorari when they are deciding whether or not to take the case.
4) Justices rely heavily on previous decisions and if a lower court has reached a stare decisis, meaning "let the decision stand", a Justice could decide to uphold that. Judicial activism is a judicial philosophy in which judges make bold policy decisions, emphasizing that courts can correct pressing needs. If a justice sees that the people are lacking essential legislation, they could use judicial activism to change that.

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