What is a judicial review?

A judicial review is a legal process in which a court can look at the actions of a government official or agency and decide if the action was legal and constitutional or not. This process serves as a check on the powers of government by allowing the judiciary to review or overturn government decisions if necessary. In Kansas, the judicial review is conducted in the state Supreme Court or in appellate courts. It is important to note that the judicial review is not a substitute for a trial in a court of law, but a review of an administrative action. Through judicial review, the courts can also determine if any laws passed by legislature are unconstitutional. If the court finds that a law or action is unconstitutional, it can be declared void and the governing authorities must take appropriate corrective action. This system of judicial review is a cornerstone of the U.S. Constitution and state constitutions and is meant to ensure that the government does not exceed its powers.

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