In the United States, judicial review serves to invalidate laws enacted by Congress –
enforced by the executive branch that violate the US Constitution. So, if Congress
enacts a law that is unconstitutional and the executive branch attempts to enforce it,
affected citizens can challenge the law’s validity in federal courts – potentially all the
way to the Supreme Court. This particularly important with respect to laws that infringe
on human rights that are guaranteed by the US Constitution. Although the governments
of other democracies around the world have their own constitutions that to varying
degrees guarantee their citizens human rights, their system of judicial review varies and
is not the same in each country.
For example, in Canada, the Canadian Supreme Court cannot exercise judicial review
with respect to a law that expressly prohibits such review. In France, a Constitutional
Council considers the constitutionality of laws before they take effect that are referred to
the council by the president, prime minister, and heads of the two chambers of
parliament. Similarly, in Germany and Italy, prior review of laws before they come into
effect is also available in Germany and Italy, if requested by the national or a regional
government. On the other hand, as stated above, in the US, the Supreme Court does
not determine the constitutionality of U.S. laws unless there is an actual case brought
before it.
For this assignment, to receive full credit, you must address all the points set forth
below in order. Turnitin checks all submissions for plagiarism which includes papers
submitted by other students. Plagiarism is cheating. Paraphrasing a reference will not
earn you many points. Do the research and articulate your thoughts in your words.
Assignment:
(1) Chose a country in which there is judicial review – either the countries mentioned
above (other than the United States) or (2) any other country such as Switzerland,
Australia, Japan, etc..
(2) In a minimum 250-word post, please:
(a) Identify the authority (constitution, statute or otherwise) by which the court
hears cases involving constitutional issues;;
(b) describe the process of judicial review from the beginning to the end;
(c) discuss a court case in which a human right issue was addressed
preferably from the country you chose, or if you are unable to find one, from
another country other than the US,; and
(d) propose at least one action (not already implemented) that the judicial
review system of that country can take to better promote human rights.
In completing this assignment, make sure that you address each point in order.
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