Question

Several senators ask Kavanaugh questions about his beliefs and opinions on issues like presidential power and abortion laws. What Supreme Court power allows it to affect acts and laws put forth by other branches of government?

a) judicial review

b) stare decisis

c) writ of certiorari

d) writ of habeus corpus

Answer 1

Judicial review- It gives the authority to the Supreme Court to declare any state law or act of congress null and void if it contradicts the constitution. Supreme Court can also decide in cases where the new law violates the existing law too.

Stare decisis – It is legal obligation for the courts to follow historical precedents while giving the Judgment to a similar case. In abortion law case there is already a precedence in Roe vs Wade case and under normal course of action the courts must follow the historical precedence but in exceptions the courts can overrule the same

Writ of certiorari- It giver power to the Supreme Court to direct the lower court to send the record of a particular case for review by the Supreme Court

Habeas corpus – It literally means “produce the body” .It directs a public official to deliver an imprisoned person to the courts and also give a valid reason for detaining a person

So as we can see the Judicial review is a very important law through which the court can check the constitutionality of a law and declare it null and void