TRB BT Assistant - Judiciary and Judicial Review Question Bank with Options

1. What is the ultimate goal of judicial review in relation to the constitution?

A) To replace the constitution with judicial decrees

B) To ensure the constitution remains the supreme law of the land

C) To allow the legislature to ignore constitutional limits

D) To create a parallel legal system

2. The principle that courts should interpret laws in a way that upholds their constitutionality, if possible, is known as:

A) Strict constructionism

B) Judicial activism

C) The canon of constitutional avoidance

D) Original intent

3. Which branch of government is primarily responsible for enacting laws that the judiciary may later review?

A) The Judiciary

B) The Executive

C) The Legislature

D) The Civil Service

4. A 'declaratory judgment' in judicial review context:

A) Orders a party to perform an action

B) States the rights of the parties without ordering damages or specific actions

C) Imposes criminal penalties

D) Cancels a previous contract

5. The power of judicial review acts as a safeguard for:

A) The absolute power of the majority

B) The rights of the government

C) Constitutionalism and fundamental rights

D) The unchecked authority of the legislature

6. What is the main difference between judicial review of statutes and judicial review of administrative actions?

A) Statutes are always subject to review, administrative actions are not

B) Statutes are reviewed for constitutionality, administrative actions for legality and reasonableness

C) Administrative actions are reviewed by the legislature, statutes by the judiciary

D) There is no significant difference

7. In countries like the UK, where parliamentary sovereignty is strong, judicial review typically focuses on:

A) The constitutionality of Acts of Parliament

B) The legality of administrative actions and secondary legislation

C) The philosophical underpinnings of laws

D) The economic impact of legislation

8. The concept of parliamentary sovereignty, prevalent in some countries, often limits the scope of:

A) Executive power

B) Judicial review

C) Legislative debate

D) Public protest

9. Which of the following is a key component of the 'rule of law' that judicial review upholds?

A) Arbitrary decision-making by rulers

B) Equality before the law

C) The supremacy of the executive

D) Unwritten legal principles

10. The 'political question' doctrine suggests that courts should:

A) Avoid ruling on issues that are better resolved by the political branches

B) Rule on all political disputes

C) Advise the legislature on political matters

D) Interpret political speech strictly

11. A court's decision on constitutionality can be overridden by:

A) A simple majority vote in the legislature

B) An executive order

C) A constitutional amendment or a subsequent higher court ruling

D) A public petition

12. What is the role of 'amicus curiae' briefs in judicial review?

A) To argue for the government

B) To provide information and expertise to the court from outside parties

C) To represent the defendant

D) To appeal the lower court's decision

13. The European Court of Human Rights primarily exercises judicial review over:

A) National legislation of member states

B) European Union directives

C) International trade agreements

D) The internal procedures of the Council of Europe

14. What is the primary concern of a court when reviewing a law under the 'equal protection' clause?

A) Whether the law is economically efficient

B) Whether the law treats similar individuals or groups differently without a rational basis

C) Whether the law is popular with the public

D) Whether the law simplifies administrative procedures

15. The principle of separation of powers is closely linked to judicial review as it:

A) Grants unchecked power to the judiciary

B) Ensures each branch has distinct functions and limits

C) Eliminates the need for a constitution

D) Merges judicial and legislative functions

16. Which of these describes a 'standing' requirement for bringing a case for judicial review?

A) The party must be a government official

B) The party must have a direct and substantial interest in the outcome

C) The party must be a legal scholar

D) The party must have initiated the case within 24 hours

17. What does the term 'ultra vires' mean in the context of judicial review?

A) Within the powers granted

B) Beyond the powers granted

C) According to the law

D) In accordance with justice

18. In a federal system, judicial review often involves determining the constitutionality of laws in relation to:

A) International law

B) The division of powers between federal and state governments

C) Sub-national administrative regulations

D) Local ordinances only

19. The power of judicial review extends to:

A) Only acts of parliament

B) Only executive orders

C) Constitutional amendments and ordinary laws

D) Constitutional amendments, ordinary laws, and executive actions

20. When a court declares a law unconstitutional, what is the immediate effect?

A) The law is suspended until further notice

B) The law remains in effect but is subject to appeal

C) The law is nullified and has no legal force

D) The law is sent back to the legislature for amendment

21. The principle that no one is above the law, including government officials, is fundamental to:

A) Parliamentary privilege

B) Executive immunity

C) The rule of law and judicial review

D) Sovereign immunity

22. Which of the following is NOT a typical source of constitutional law that courts use for judicial review?

A) Constitutional amendments

B) Legislative statutes

C) Judicial precedents

D) Treaties ratified by the legislature

23. The 'due process' clause, often subject to judicial review, ensures:

A) Fair treatment through the normal judicial system

B) Expedited legal proceedings

C) Protection against excessive fines

D) The right to immediate appeal

24. What is the term for the power of a court to review the legality of detention or imprisonment?

A) Habeas corpus

B) Certiorari

C) Mandamus

D) Prohibition

25. The Supreme Court of India can review laws enacted by both the Union and the State legislatures based on:

A) Parliamentary sovereignty

B) Judicial review powers

C) Executive discretion

D) Public referendum

26. In India, the power of judicial review is explicitly mentioned in which article of the Constitution?

A) Article 14

B) Article 21

C) Article 13

D) Article 32

27. Conversely, 'judicial restraint' implies:

A) Judges actively striking down laws

B) Judges deferring to the legislature and executive unless a law is clearly unconstitutional

C) Judges avoiding any interpretation of the constitution

D) Judges refusing to issue any rulings

28. The doctrine of 'judicial activism' refers to:

A) Courts strictly adhering to precedent

B) Courts making bold policy decisions beyond the strict text of the law

C) Judges refusing to hear certain cases

D) Judges prioritizing legislative intent over constitutional text

29. Which of these best describes the 'living constitution' theory in relation to judicial review?

A) The constitution should be interpreted strictly according to its original meaning

B) The constitution's meaning evolves with societal changes

C) The constitution only applies to current events

D) The constitution is only relevant during the lifetime of its framers

30. The concept of judicial independence is crucial for effective judicial review because:

A) It ensures judges follow political directives

B) It allows judges to make decisions free from external pressure

C) It guarantees higher judicial salaries

D) It limits the types of cases courts can hear

31. What is a potential criticism of judicial review?

A) It makes courts too powerful

B) It leads to frequent legislative gridlock

C) It can be seen as undemocratic because judges are unelected

D) It slows down the judicial process

32. What is the main argument in favor of judicial review?

A) It allows judges to make laws

B) It protects minority rights against majority tyranny

C) It speeds up the legislative process

D) It reduces the power of the executive branch

33. In systems with a Constitutional Court, judicial review is often:

A) Decentralized and exercised by all courts

B) Centralized and exercised by a specific court

C) Limited to administrative actions

D) Non-existent

34. Which of the following is NOT a potential outcome of judicial review of a law?

A) The law is upheld as constitutional

B) The law is declared unconstitutional and void

C) The law is amended by the legislature based on court suggestions

D) The law is interpreted in a specific way by the court

35. What is the term for a court's power to hear a case for the first time?

A) Appellate jurisdiction

B) Original jurisdiction

C) Exclusive jurisdiction

D) Concurrent jurisdiction

36. The power of judicial review can be seen as a check on the power of which other branches of government?

A) Only the Executive branch

B) Only the Legislative branch

C) Both Legislative and Executive branches

D) All branches, including the Judiciary itself

37. What is the primary purpose of a dissenting opinion?

A) To provide a unified court voice

B) To explain why the judge agrees with the majority

C) To express disagreement and potentially influence future legal thought

D) To enforce the immediate ruling

38. In most common law systems, how does judicial review primarily function?

A) Through abstract constitutional interpretation

B) By striking down laws that conflict with the constitution in specific cases

C) By advisory opinions to the legislature

D) Through a special constitutional court

39. Which type of judicial review involves a court examining the constitutionality of a law *before* it is enacted?

A) Ex post facto review

B) Abstract review

C) Concrete review

D) Preventive review

40. The principle of 'stare decisis' means:

A) To decide anew

B) To stand by things decided

C) To follow precedent

D) To appeal a decision

41. What is the term for a judge's written opinion that explains the reasoning behind a court's decision, especially when disagreeing with the majority?

A) Majority opinion

B) Concurring opinion

C) Dissenting opinion

D) Per curiam opinion

42. Judicial review ensures that laws passed by the legislature conform to:

A) International treaties

B) Public opinion polls

C) The Constitution

D) Executive orders

43. What was the outcome of the Marbury v. Madison case (1803)?

A) Established the principle of judicial review

B) Declared segregation in schools unconstitutional

C) Affirmed the right to remain silent during police interrogations

D) Legalized abortion nationwide

44. The landmark case that established judicial review in the United States was:

A) Brown v. Board of Education

B) Miranda v. Arizona

C) Marbury v. Madison

D) Roe v. Wade

45. In which country was the concept of judicial review historically established first?

A) United Kingdom

B) United States

C) France

D) Germany

46. Judicial review is the power of the courts to examine the actions of the legislative, executive, and administrative arms of government and determine whether such actions are consistent with the constitution.

A) True

B) False

C) Partially True

D) Depends on the country

47. Which branch of government is responsible for judicial review?

A) Legislature

B) Executive

C) Judiciary

D) Bureaucracy

48. What is the primary role of the judiciary in a democratic system?

A) To legislate laws

B) To interpret and apply laws

C) To execute government policies

D) To represent the executive branch

Judiciary and Judicial Review - Question Bank