Judicial Review Overview

Flashcards covering key concepts related to judicial review from the lecture notes.

Judicial Review

The power of a court to declare legislation unconstitutional.

Marbury v. Madison (1803)

The Supreme Court case that established the power of judicial review.

Counter-Majoritarian Difficulty

Bickel's argument that judicial review overturns legislation passed by a popular majority, affecting democratic legitimacy.

Strong-Form Judicial Review

A system where courts can nullify (veto) laws, as seen in the U.S.

Weak-Form Judicial Review

A system where courts can declare a law unconstitutional but cannot prevent it from going into effect, as seen in Canada.

Popular Constitutionalism

The debate advocating for the abolition or weakening of judicial review, focusing on constitutional meaning through legislatures and public engagement.

Court-Curbing

Legislative efforts to reduce the Court's powers, such as bills to pack the Court or strip its jurisdiction.

Interbranch Dialogue

The process of constitutional interpretation involving negotiation among the Congress, President, and Judiciary.