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In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution.
The Government of Illinois, under the State of Illinois Constitution, has three branches of government: Executive, Legislative, and Judicial.The State's executive branch is split into several statewide elected offices, with the Governor as chief executive and head of state, and has numerous departments, agencies, boards and commissions.
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review.The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.
Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to ...
The Illinois Compiled Statutes (ILCS) form the general statutory law. The case law of the Illinois Supreme Court and state appellate courts is currently published online under a public domain reporting system. Interpretations of law and conflicts among the various levels of law are referred to the Illinois courts in suits for application of ...
The judiciary of Illinois is the unified court system of Illinois primarily responsible for applying the Constitution and law of Illinois. It consists of the Supreme Court, the Appellate Court, and circuit courts. The Supreme Court oversees the administration of the court system.
The power of judicial review could not have been preserved long in a democracy unless it had been "wielded with a reasonable measure of judicial restraint, and with some attention, as Mr. Dooley said, to the election returns." Indeed, the Supreme Court has developed a system of doctrine and practice that self-limit its power of judicial review ...