Quotes of All Topics . Occasions . Authors
If judicial review means anything, it is that judicial restraint does not allow everything.
It is emphatically the province and duty of the Judicial Department to say what the law is.
Judicial review has been a part of our democracy in this constitutional government for over 200 years.
A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.
Judicial review has developed since the 1970s as a way for individuals to challenge decisions taken by the State.
When justices seize authority from the other branches of the federal government, as well as state and local governments, under the rubric of judicial review, that’s tyranny.
If people around the world knew how well people at Guantanamo Bay are treating prisoners, they would not fall prey to the accusations that some in our Chamber are making. They are all receiving judicial review.
All respect for the office of the presidency aside, I assumed that the obvious and unadulterated decline of freedom and constitutional sovereignty, not to mention the efforts to curb the power of judicial review, spoke for itself.
The Court's legitimacy arises from the source of its authority - which is, of course, the Constitution - and is best preserved by adhering to decision methods that neither expand nor contract but legitimize the power of judicial review.
Helen Zille, formidable leader of the Democratic Alliance, routinely vilified as representing white interests only, is trying to make sure everyone knows that the case against Zuma is strong and is trying to have it investigated in a judicial review.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
Now judicial review, beloved by conservatives, can, of course, fulfill the excellent function of declaring government interventions and tyrannies unconstitutional. But it can also validate and legitimize the government in the eyes of the people by declaring these actions valid and constitutional.
Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.
Not surprisingly, the federal judiciary nearly always rules in favor of the federal government. Judicial review, contrary to the assurances of its advocates, has hardly restrained Congress at all. Instead it has progressively stripped the states of their traditional powers, while allowing federal power to grow unchecked.