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The Impact of Judicial Review on the Political Process

Description: This quiz assesses your understanding of the impact of judicial review on the political process.
Number of Questions: 15
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Tags: judicial review political process constitutional law
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What is the primary purpose of judicial review?

  1. To ensure that laws are constitutional

  2. To interpret the meaning of laws

  3. To resolve disputes between citizens

  4. To oversee the executive branch


Correct Option: A
Explanation:

Judicial review is the power of a court to determine whether a law or government action is in accordance with the constitution.

Which of the following is NOT a potential impact of judicial review on the political process?

  1. It can limit the power of the legislative and executive branches.

  2. It can protect the rights of minorities and disadvantaged groups.

  3. It can promote greater public participation in government.

  4. It can lead to gridlock and political instability.


Correct Option: C
Explanation:

Judicial review is primarily a legal process that does not directly involve public participation.

How does judicial review affect the relationship between the legislative and executive branches?

  1. It can create tension and conflict between the two branches.

  2. It can lead to cooperation and collaboration between the two branches.

  3. It has no impact on the relationship between the two branches.

  4. It can strengthen the power of the legislative branch.


Correct Option: A
Explanation:

Judicial review can create tension and conflict between the legislative and executive branches when the courts strike down laws or executive actions.

What is the doctrine of stare decisis?

  1. The principle that courts should follow precedent

  2. The principle that courts should interpret laws strictly

  3. The principle that courts should give deference to the decisions of other courts

  4. The principle that courts should consider the intent of the legislature when interpreting laws


Correct Option: A
Explanation:

Stare decisis is the principle that courts should follow precedent, or the decisions of higher courts, in order to ensure consistency and predictability in the law.

How does judicial review affect the rights of minorities and disadvantaged groups?

  1. It can protect their rights and ensure equal treatment under the law.

  2. It can limit their rights and make it more difficult for them to achieve equality.

  3. It has no impact on their rights.

  4. It can lead to discrimination against them.


Correct Option: A
Explanation:

Judicial review can protect the rights of minorities and disadvantaged groups by striking down laws that discriminate against them or by requiring the government to take action to address inequality.

What is the concept of judicial activism?

  1. A philosophy that judges should interpret the constitution broadly and actively enforce individual rights.

  2. A philosophy that judges should interpret the constitution narrowly and defer to the decisions of the legislature and executive.

  3. A philosophy that judges should interpret the constitution according to its original meaning.

  4. A philosophy that judges should interpret the constitution in a way that promotes social justice.


Correct Option: A
Explanation:

Judicial activism is a philosophy that judges should interpret the constitution broadly and actively enforce individual rights, even if it means overturning laws or government actions that are supported by the majority.

What is the concept of judicial restraint?

  1. A philosophy that judges should interpret the constitution narrowly and defer to the decisions of the legislature and executive.

  2. A philosophy that judges should interpret the constitution according to its original meaning.

  3. A philosophy that judges should interpret the constitution in a way that promotes social justice.

  4. A philosophy that judges should interpret the constitution broadly and actively enforce individual rights.


Correct Option: A
Explanation:

Judicial restraint is a philosophy that judges should interpret the constitution narrowly and defer to the decisions of the legislature and executive, even if they disagree with those decisions.

How does judicial review affect the balance of power between the federal government and the states?

  1. It can strengthen the power of the federal government.

  2. It can strengthen the power of the states.

  3. It has no impact on the balance of power between the federal government and the states.

  4. It can lead to conflict between the federal government and the states.


Correct Option: A
Explanation:

Judicial review can strengthen the power of the federal government by allowing the federal courts to strike down state laws that are inconsistent with the federal constitution.

What is the concept of judicial supremacy?

  1. The principle that the decisions of the Supreme Court are final and binding on all other courts.

  2. The principle that the decisions of the Supreme Court are only binding on the federal courts.

  3. The principle that the decisions of the Supreme Court are only binding on the state courts.

  4. The principle that the decisions of the Supreme Court are not binding on any other courts.


Correct Option: A
Explanation:

Judicial supremacy is the principle that the decisions of the Supreme Court are final and binding on all other courts, both federal and state.

How does judicial review affect the relationship between the courts and the other branches of government?

  1. It can create tension and conflict between the courts and the other branches.

  2. It can lead to cooperation and collaboration between the courts and the other branches.

  3. It has no impact on the relationship between the courts and the other branches.

  4. It can strengthen the power of the courts.


Correct Option: A
Explanation:

Judicial review can create tension and conflict between the courts and the other branches of government when the courts strike down laws or executive actions.

What is the concept of the separation of powers?

  1. The principle that the three branches of government should be independent and have separate powers.

  2. The principle that the three branches of government should work together and share power.

  3. The principle that the three branches of government should be subordinate to the Supreme Court.

  4. The principle that the three branches of government should be equal in power.


Correct Option: A
Explanation:

The separation of powers is the principle that the three branches of government (legislative, executive, and judicial) should be independent and have separate powers in order to prevent any one branch from becoming too powerful.

How does judicial review affect the ability of the government to respond to changing circumstances?

  1. It can make it more difficult for the government to respond to changing circumstances.

  2. It can make it easier for the government to respond to changing circumstances.

  3. It has no impact on the ability of the government to respond to changing circumstances.

  4. It can lead to gridlock and political instability.


Correct Option: A
Explanation:

Judicial review can make it more difficult for the government to respond to changing circumstances by striking down laws or executive actions that are deemed to be unconstitutional.

What is the concept of the rule of law?

  1. The principle that the government is subject to the law and must act in accordance with the law.

  2. The principle that the government is above the law and can act however it wants.

  3. The principle that the law is only binding on citizens and not on the government.

  4. The principle that the law is only binding on the courts and not on the other branches of government.


Correct Option: A
Explanation:

The rule of law is the principle that the government is subject to the law and must act in accordance with the law.

How does judicial review affect the legitimacy of the government?

  1. It can increase the legitimacy of the government by ensuring that the government acts in accordance with the constitution.

  2. It can decrease the legitimacy of the government by making it more difficult for the government to act.

  3. It has no impact on the legitimacy of the government.

  4. It can lead to gridlock and political instability.


Correct Option: A
Explanation:

Judicial review can increase the legitimacy of the government by ensuring that the government acts in accordance with the constitution and by protecting the rights of citizens.

What is the concept of judicial deference?

  1. The principle that courts should defer to the decisions of other branches of government, especially when those decisions involve complex policy issues.

  2. The principle that courts should not defer to the decisions of other branches of government, even when those decisions involve complex policy issues.

  3. The principle that courts should defer to the decisions of other courts, even when those decisions involve complex policy issues.

  4. The principle that courts should not defer to the decisions of other courts, even when those decisions involve complex policy issues.


Correct Option: A
Explanation:

Judicial deference is the principle that courts should defer to the decisions of other branches of government, especially when those decisions involve complex policy issues.

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