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Models of Judicial Review - Assignment Example

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This means that such nations must identify with a suitable of model of judicial review to assist them test the constitutionality of statutes or treaties as demonstrated in this paper (Forsyth,…
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Download file to see previous pages Additionally, it also involves reviewing an administrative regulation to attain consistency for measuring the effectiveness of a Constitution, statute, or a treaty. Consequently, under the US Constitution, the judicial review lacks explicit powers of reviewing any of the above provisions. Instead, in the US, the judicial review operates through making of inferences of provisions, structure, and history guiding the Constitution. It implies that in a diffuse model, common procedural rules evaluate the constitutionality guiding administrative measures and statutes (Elliot, 2001). Likewise, decisions are mainly within inter parties from the highest to the lowest courts. In other words, most court decisions are deemed retroactive as a rule if there is an unconstitutionality of statutes and this is accompanied with consequences. According to legal experts, the diffuse model of judicial review finds applicability in most countries because of its flexibility and fluidity when approaching sensitive matters touching on the Constitution.
Diffuse model of judicial review differs with the concentrated model of review in varying patterns as interpreted by the law. For example, while diffuse model originates from America, its counterpart is largely Austrian or Europeans (Forsyth, 2000). Similarly, while the concentrated model reviews the constitutionality of statues mostly found in special proceedings, diffuse model is general and is specifically concerned with administrative measures. Contrastingly, unlike the concentrated model that is less widespread because of its limited review functions, the diffuse model is more widespread because it tackles several reviews of the constitutionality. However, both explore the constitutionality of treaties and laws in their respective countries of application.
Constitutional review falls into four broad categories of systems. There is the American or diffuse model that uses common ...Download file to see next pagesRead More
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