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date: 21 September 2019

Abstract and Keywords

This chapter focuses on the power of judicial review as a distinctive feature of the U.S. Constitution. It first provides an overview of the scope of judicial review as well as the conceptual and normative issues associated with the exercise of judicial review. It then reviews the empirical literature on how the power of judicial review should be exercised, and how the courts have actually practiced it. In particular, it considers two forms of judicial review, horizontal and vertical, both of which are exercised by the Supreme Court. Horizontal judicial review occurs when the Court evaluates the actions of other government officials in the federal government, primarily Congress, whereas vertical judicial review involves the evaluation of the actions of government officials in state and local governments.

Keywords: judicial review, Constitution, courts, Supreme Court, horizontal judicial review, government officials, federal government, Congress, vertical judicial review

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