Judiciary and Judicial Review - One Line Questions
1.
A court's decision on constitutionality can be overridden by: —
A constitutional amendment or a subsequent higher court ruling
2.
What is the term for a court's power to hear a case for the first time? —
Original jurisdiction
3.
Which of the following is a key component of the 'rule of law' that judicial review upholds? —
Equality before the law
4.
In India, the power of judicial review is explicitly mentioned in which article of the Constitution? —
Article 13
5.
The 'political question' doctrine suggests that courts should: —
Avoid ruling on issues that are better resolved by the political branches
6.
The landmark case that established judicial review in the United States was: —
Marbury v. Madison
7.
Which of the following is NOT a typical source of constitutional law that courts use for judicial review? —
Legislative statutes
8.
The doctrine of 'judicial activism' refers to: —
Courts making bold policy decisions beyond the strict text of the law
9.
In systems with a Constitutional Court, judicial review is often: —
Centralized and exercised by a specific court
10.
What was the outcome of the Marbury v. Madison case (1803)? —
Established the principle of judicial review
11.
Which type of judicial review involves a court examining the constitutionality of a law *before* it is enacted? —
Preventive review
12.
The concept of parliamentary sovereignty, prevalent in some countries, often limits the scope of: —
Judicial review
13.
The 'due process' clause, often subject to judicial review, ensures: —
Fair treatment through the normal judicial system
14.
The principle of separation of powers is closely linked to judicial review as it: —
Ensures each branch has distinct functions and limits
15.
What is the term for the power of a court to review the legality of detention or imprisonment? —
Habeas corpus
16.
In a federal system, judicial review often involves determining the constitutionality of laws in relation to: —
The division of powers between federal and state governments
17.
Judicial review ensures that laws passed by the legislature conform to: —
The Constitution
18.
What is the main argument in favor of judicial review? —
It protects minority rights against majority tyranny
19.
The concept of judicial independence is crucial for effective judicial review because: —
It allows judges to make decisions free from external pressure
20.
What is a potential criticism of judicial review? —
It can be seen as undemocratic because judges are unelected
21.
Conversely, 'judicial restraint' implies: —
Judges deferring to the legislature and executive unless a law is clearly unconstitutional
22.
Which branch of government is responsible for judicial review? —
Judiciary
23.
What is the term for a judge's written opinion that explains the reasoning behind a court's decision, especially when disagreeing with the majority? —
Dissenting opinion
24.
The European Court of Human Rights primarily exercises judicial review over: —
National legislation of member states
25.
The power of judicial review extends to: —
Constitutional amendments, ordinary laws, and executive actions
26.
The power of judicial review can be seen as a check on the power of which other branches of government? —
Both Legislative and Executive branches
27.
A 'declaratory judgment' in judicial review context: —
States the rights of the parties without ordering damages or specific actions
28.
The principle that no one is above the law, including government officials, is fundamental to: —
The rule of law and judicial review
29.
The Supreme Court of India can review laws enacted by both the Union and the State legislatures based on: —
Judicial review powers
30.
What is the main difference between judicial review of statutes and judicial review of administrative actions? —
Statutes are reviewed for constitutionality, administrative actions for legality and reasonableness
31.
The principle that courts should interpret laws in a way that upholds their constitutionality, if possible, is known as: —
The canon of constitutional avoidance
32.
The power of judicial review acts as a safeguard for: —
Constitutionalism and fundamental rights
33.
Which of these best describes the 'living constitution' theory in relation to judicial review? —
The constitution's meaning evolves with societal changes
34.
In countries like the UK, where parliamentary sovereignty is strong, judicial review typically focuses on: —
The legality of administrative actions and secondary legislation
35.
Which branch of government is primarily responsible for enacting laws that the judiciary may later review? —
The Legislature
36.
When a court declares a law unconstitutional, what is the immediate effect? —
The law is nullified and has no legal force
37.
Which of the following is NOT a potential outcome of judicial review of a law? —
The law is amended by the legislature based on court suggestions
38.
Which of these describes a 'standing' requirement for bringing a case for judicial review? —
The party must have a direct and substantial interest in the outcome
39.
In most common law systems, how does judicial review primarily function? —
By striking down laws that conflict with the constitution in specific cases
40.
What is the role of 'amicus curiae' briefs in judicial review? —
To provide information and expertise to the court from outside parties
41.
The principle of 'stare decisis' means: —
To follow precedent
42.
What is the primary role of the judiciary in a democratic system? —
To interpret and apply laws
43.
What is the primary purpose of a dissenting opinion? —
To express disagreement and potentially influence future legal thought
44.
What is the ultimate goal of judicial review in relation to the constitution? —
To ensure the constitution remains the supreme law of the land
45.
Judicial review is the power of the courts to examine the actions of the legislative, executive, and administrative arms of government and determine whether such actions are consistent with the constitution. —
True
46.
In which country was the concept of judicial review historically established first? —
United States
47.
What is the primary concern of a court when reviewing a law under the 'equal protection' clause? —
Whether the law treats similar individuals or groups differently without a rational basis
48.
What does the term 'ultra vires' mean in the context of judicial review? —
Beyond the powers granted