Judicial Review

Description: This quiz covers the concept of Judicial Review, which is the power of a court to review and declare unconstitutional or unlawful the actions of the government.
Number of Questions: 14
Created by:
Tags: judicial review constitutional law separation of powers
Attempted 0/14 Correct 0 Score 0

What is the primary purpose of judicial review?

  1. To ensure that government actions comply with the constitution.

  2. To protect the rights of citizens.

  3. To resolve disputes between different branches of government.

  4. To interpret laws and regulations.


Correct Option: A
Explanation:

Judicial review is primarily used to ensure that the actions of the government are in accordance with the constitution and do not violate the rights of citizens.

Which country's Supreme Court first established the principle of judicial review?

  1. United States

  2. United Kingdom

  3. Canada

  4. Australia


Correct Option: A
Explanation:

The principle of judicial review was first established by the Supreme Court of the United States in the landmark case Marbury v. Madison (1803).

What is the doctrine of stare decisis?

  1. The principle of following precedent.

  2. The principle of interpreting laws strictly.

  3. The principle of judicial review.

  4. The principle of separation of powers.


Correct Option: A
Explanation:

Stare decisis is the principle that courts should follow the precedents established by previous court decisions in similar cases.

What is the difference between judicial review and legislative review?

  1. Judicial review is conducted by courts, while legislative review is conducted by legislatures.

  2. Judicial review is conducted by courts, while legislative review is conducted by the executive branch.

  3. Judicial review is conducted by the executive branch, while legislative review is conducted by legislatures.

  4. Judicial review is conducted by the executive branch, while legislative review is conducted by courts.


Correct Option: A
Explanation:

Judicial review is the power of courts to review and declare unconstitutional or unlawful the actions of the government, while legislative review is the power of legislatures to review and overturn the actions of the executive branch.

What is the principle of separation of powers?

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

  2. The principle that the three branches of government should work together in harmony.

  3. The principle that the three branches of government should be subordinate to each other.

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


Correct Option: A
Explanation:

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

What is the role of judicial review in protecting individual rights?

  1. Judicial review ensures that government actions do not violate the rights of individuals.

  2. Judicial review ensures that government actions are in accordance with the constitution.

  3. Judicial review ensures that government actions are fair and just.

  4. Judicial review ensures that government actions are efficient and effective.


Correct Option: A
Explanation:

Judicial review is an important tool for protecting individual rights because it allows courts to strike down government actions that violate the constitution or other laws that protect individual rights.

What are some of the limitations of judicial review?

  1. Judicial review can only be used to review actions of the government.

  2. Judicial review can only be used to review actions of the legislative branch.

  3. Judicial review can only be used to review actions of the executive branch.

  4. Judicial review can only be used to review actions of the judicial branch.


Correct Option: A
Explanation:

Judicial review can only be used to review actions of the government, not actions of private individuals or organizations.

What is the difference between judicial review and judicial activism?

  1. Judicial review is the power of courts to review and declare unconstitutional or unlawful the actions of the government, while judicial activism is the power of courts to create new laws.

  2. Judicial review is the power of courts to review and declare unconstitutional or unlawful the actions of the government, while judicial activism is the power of courts to interpret laws in a way that favors a particular outcome.

  3. Judicial review is the power of courts to review and declare unconstitutional or unlawful the actions of the government, while judicial activism is the power of courts to overturn the actions of the executive branch.

  4. Judicial review is the power of courts to review and declare unconstitutional or unlawful the actions of the government, while judicial activism is the power of courts to overturn the actions of the legislative branch.


Correct Option: B
Explanation:

Judicial review is the power of courts to review and declare unconstitutional or unlawful the actions of the government, while judicial activism is the power of courts to interpret laws in a way that favors a particular outcome, even if that interpretation is not supported by the plain meaning of the law.

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

  1. Judicial review helps to protect individual rights.

  2. Judicial review helps to ensure that the government acts in accordance with the constitution.

  3. Judicial review helps to prevent the government from becoming too powerful.

  4. All of the above.


Correct Option: D
Explanation:

Judicial review helps to protect individual rights, ensure that the government acts in accordance with the constitution, and prevent the government from becoming too powerful.

What are some of the arguments against judicial review?

  1. Judicial review gives too much power to the courts.

  2. Judicial review can lead to gridlock in government.

  3. Judicial review can be used to overturn democratically elected laws.

  4. All of the above.


Correct Option: D
Explanation:

Judicial review can give too much power to the courts, lead to gridlock in government, and be used to overturn democratically elected laws.

In which case did the Supreme Court of India first exercise the power of judicial review?

  1. Kesavananda Bharati v. State of Kerala (1973)

  2. Golaknath v. State of Punjab (1967)

  3. Minerva Mills v. Union of India (1980)

  4. Shankari Prasad v. Union of India (1951)


Correct Option: D
Explanation:

In the landmark case of Shankari Prasad v. Union of India (1951), the Supreme Court of India first exercised the power of judicial review and declared a law passed by the Parliament of India to be unconstitutional.

What is the doctrine of basic structure in the context of judicial review?

  1. The doctrine that certain fundamental features of the constitution cannot be amended.

  2. The doctrine that the constitution must be interpreted in a way that is consistent with its basic structure.

  3. The doctrine that the courts have the power to strike down laws that violate the basic structure of the constitution.

  4. All of the above.


Correct Option: D
Explanation:

The doctrine of basic structure is a doctrine in Indian constitutional law that holds that certain fundamental features of the constitution cannot be amended, that the constitution must be interpreted in a way that is consistent with its basic structure, and that the courts have the power to strike down laws that violate the basic structure of the constitution.

What is the difference between prospective and retrospective overruling in judicial review?

  1. Prospective overruling applies to cases that arise after the decision is made, while retrospective overruling applies to cases that arose before the decision is made.

  2. Prospective overruling applies to cases that are currently pending before the court, while retrospective overruling applies to cases that have already been decided.

  3. Prospective overruling applies to cases that involve new laws, while retrospective overruling applies to cases that involve old laws.

  4. Prospective overruling applies to cases that are brought by the government, while retrospective overruling applies to cases that are brought by private individuals.


Correct Option: A
Explanation:

Prospective overruling applies to cases that arise after the decision is made, while retrospective overruling applies to cases that arose before the decision is made.

What is the difference between judicial review and administrative review?

  1. Judicial review is conducted by courts, while administrative review is conducted by administrative agencies.

  2. Judicial review is conducted by courts, while administrative review is conducted by the executive branch.

  3. Judicial review is conducted by the executive branch, while administrative review is conducted by administrative agencies.

  4. Judicial review is conducted by the executive branch, while administrative review is conducted by courts.


Correct Option: A
Explanation:

Judicial review is conducted by courts, while administrative review is conducted by administrative agencies, which are government agencies that are responsible for regulating specific areas of the economy or society.

- Hide questions