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After 1937, however, the court lifted the obstacles it had previously erected to federal intervention in the economic and social transactions of the country.

In each of these areas the court’s conception of the Constitution has undergone substantial changes. It is a means of questioning the lawfulness of decisions made by public bodies, such as local councils, government departments, police forces or health authorities.

In contrast, the countries of Scandinavia, as well as Belgium, Greece, and Ireland, vest judicial-review powers of varying kinds in their regular courts. Virtually every post-Soviet eastern European country followed suit, as did Luxembourg in 1997. In the 1950s and early ’60s the court also made decisions contrary to public opinion and government policy regarding political and racial equality and other civil, political, and procedural rights. Announcing our NEW encyclopedia for Kids! In contrast, during the decades of industrialization and economic growth that followed the Civil War, the court was very skeptical of attempts at economic regulation by the federal government. In the area of separation of federal powers, the court gradually came to support a substantial transfer of powers to the executive and to administrative agencies. In contrast, the court’s agenda is now dominated by litigation directly raising questions involving civil and political rights and freedoms, as well as individual equality before the law. At times, as in the early 20th century, the court’s view of economic legislation was out of step with the views of the electorate, the other federal branches, and some states. Nonetheless, courts in Brazil, Colombia, Mexico, and other Latin American countries have become increasingly active in restraining the executive and legislative bodies, and there is a trend toward greater use of judicial review in the region.
By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica. Nevertheless, the court has set important limits on the powers of the president.

Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. There is also a small group of countries that lodge the power of constitutional review specifically in an agency other than a regular or a constitutional court.

From 1789 through the Civil War era, the Supreme Court was a crucial participant in nation building, its decisions reinforcing the newly born structures of the federal system. Thus, it often used the due process clause of the Fifth and Fourteenth amendments (no person shall be deprived of “life, liberty, or property, without due process of law”) to invalidate social legislation, such as laws establishing minimum or maximum working hours.

In 1920 Austria became the first European country to inaugurate centralized judicial review in a constitutional court. However, the lasting contribution of the decision emerged from the Supreme Court’s conclusion that the Constitution gives Congress a general and broad power to tax and spend in support of the general welfare.

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