judicial review

judicial review.

1. A court’s power to review the actions of other branches or levels of government; esp., the courts’ power to invalidate legislative and executive actions as being unconstitutional.

2. The constitutional doctrine providing for this power.

3. A court’s review of a lower court’s or an administrative body’s factual or legal findings. [Cases: Administrative Law and Procedure 651–821. C.J.S. Public Administrative Law and Procedure §§ 151, 172–271.]

de novo judicial review. A court’s nondeferential review of an administrative decision, usu. through a review of the administrative record plus any additional evidence the parties present.

— Also termed de novo review. [Cases: Administrative Law and Procedure 744. C.J.S. Public Administrative Law and Procedure § 218.]

plenary review. Appellate review by all the members of a court rather than a panel.


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