POLS 1101 Lecture Notes - Lecture 20: Amicus Curiae, Political Question, Judicial Restraint
6 Jul 2018
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The power of courts to review and, if necessary, declare laws or executive actions or rules invalid or unconstitutional. The us constitution does not mention judicial review. The power comes from marbury v. madison (1803) The supreme court can review the constitutionality of state laws. The court has used this power of judicial review to strike down state laws that violated due process or civil rights. Us captured taliban soldier who was a us citizen has the right to have access to lawyer. Every prisoner has the right to habeas corpus. A philosophy of judicial decision-making whereby judges allow, mainly, their personal views about public policy to guide their decisions. A philosophy of judicial decision-making whereby judges use their power to strike down laws if those laws are obviously unconstitutional. Encourages justices to decline to rule in certain categories of cases that are very controversial or politically charged.
