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It is often agreed that the chief weapon of a Court is the power of judicial review. In the United States Constitution there is no specific mention of such a power yet few would seriously contend that no such power exists.
a) What are the sources of the U.S. Court's power of judicial review?
b) How was judicial review explained and justified by those that devised the American Republic in the 1780â??s?
c) How did the U.S. Supreme Court legitimate the use of judicial review?
ie. how did its use gain acceptance of the people and the other branches of government?
d) Many people look to the Courtâ??s exercise of judicial review to protect minority rights. Explain.
e) Scholars and politicians still debate the limits of judicial review. What are the competing viewpoints?
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