H6

(a) Judicial review is the power of the Supreme Court to determine the constitutional validity of acts, statutes, executive orders.

(b) Judicial review grants the Supreme Court the power to overturn laws proposed by the legislative branch or actions taken by the executive branch, therefore backing the system of checks and balances of the judicial branch over the other two branches.

(c) A writ of certiorari is issued by the Supreme Court to a lower court, ordering it to produce a certified record of a certain case it has tried, in order for the Supreme Court to determine whether any irregularities/errors have occurred that could justify review of the case. The Supreme Court exercises its discretion in selecting the cases by using the rule of 4, a practice that permits four out of the nine Supreme Court justices to grant a writ of certiorari.

 

(d) Stare decisis is the policy of following rules laid down in previous judicial decisions, unless they go against current principles of justice. Individual justices practice stare decisis by referring strictly to prior Supreme Court decisions when ruling in current cases. Judicial activism holds that the interpretation of the U.S. constitution should take into account the current needs and spirit of the nation. Individual Supreme Court justices can be influenced by the future needs of the country, causing him/her to be more likely to strike down laws and policies as unconstitutional.