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The Challenges to Judicial Review

Description: This quiz will test your understanding of the challenges to judicial review.
Number of Questions: 10
Created by:
Tags: judicial review challenges to judicial review constitutional law
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What is the primary challenge to judicial review?

  1. The lack of democratic legitimacy of judges.

  2. The potential for judicial activism.

  3. The difficulty in enforcing judicial decisions.

  4. The cost of judicial review.


Correct Option: A
Explanation:

The primary challenge to judicial review is the lack of democratic legitimacy of judges. Judges are not elected by the people, and therefore they do not have the same democratic mandate as elected officials.

What is judicial activism?

  1. When judges make decisions based on their personal beliefs rather than the law.

  2. When judges make decisions that are not supported by the Constitution.

  3. When judges make decisions that are not supported by precedent.

  4. When judges make decisions that are not supported by the facts of the case.


Correct Option: A
Explanation:

Judicial activism is when judges make decisions based on their personal beliefs rather than the law. This can be a problem because it can lead to decisions that are not fair or just.

What is the difficulty in enforcing judicial decisions?

  1. The lack of resources available to the courts.

  2. The lack of cooperation from other branches of government.

  3. The lack of public support for judicial decisions.

  4. All of the above.


Correct Option: D
Explanation:

The difficulty in enforcing judicial decisions is due to a combination of factors, including the lack of resources available to the courts, the lack of cooperation from other branches of government, and the lack of public support for judicial decisions.

What is the cost of judicial review?

  1. The cost of litigation.

  2. The cost of enforcing judicial decisions.

  3. The cost of judicial salaries.

  4. All of the above.


Correct Option: D
Explanation:

The cost of judicial review includes the cost of litigation, the cost of enforcing judicial decisions, and the cost of judicial salaries.

What are some of the arguments in favor of judicial review?

  1. It ensures that the government acts within the limits of the Constitution.

  2. It protects the rights of individuals.

  3. It promotes the rule of law.

  4. All of the above.


Correct Option: D
Explanation:

The arguments in favor of judicial review include the fact that it ensures that the government acts within the limits of the Constitution, it protects the rights of individuals, and it promotes the rule of law.

What are some of the arguments against judicial review?

  1. It is undemocratic.

  2. It can lead to judicial activism.

  3. It is too expensive.

  4. All of the above.


Correct Option: D
Explanation:

The arguments against judicial review include the fact that it is undemocratic, it can lead to judicial activism, and it is too expensive.

In what ways can judicial review be challenged?

  1. By amending the Constitution.

  2. By passing legislation that limits the power of the courts.

  3. By refusing to enforce judicial decisions.

  4. All of the above.


Correct Option: D
Explanation:

Judicial review can be challenged by amending the Constitution, by passing legislation that limits the power of the courts, or by refusing to enforce judicial decisions.

What is the future of judicial review?

  1. It will become more powerful.

  2. It will become less powerful.

  3. It will remain the same.

  4. It is impossible to say.


Correct Option: D
Explanation:

The future of judicial review is impossible to say. It is possible that it will become more powerful, less powerful, or remain the same.

What is the most important challenge to judicial review today?

  1. The lack of public support for judicial review.

  2. The rise of judicial activism.

  3. The increasing cost of judicial review.

  4. The lack of resources available to the courts.


Correct Option: A
Explanation:

The most important challenge to judicial review today is the lack of public support for judicial review. This is due to a number of factors, including the perception that judges are too powerful, that judicial review is undemocratic, and that judicial review is too expensive.

What can be done to address the challenges to judicial review?

  1. Educate the public about the importance of judicial review.

  2. Reform the judicial system to make it more efficient and less expensive.

  3. Amend the Constitution to limit the power of the courts.

  4. All of the above.


Correct Option: D
Explanation:

The challenges to judicial review can be addressed by educating the public about the importance of judicial review, reforming the judicial system to make it more efficient and less expensive, and amending the Constitution to limit the power of the courts.

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