Courtesy praktike's burrowing into the bowels of legal reform programs. From the American Bar Association's program on promoting the rule of law in Central and Eastern Europe, Eurasia and the Middle East, the Judicial Reform Index:

Factor 5: Judicial Review of Legislation
A judicial organ has the power to determine the ultimate constitutionality of legislation and official acts, and such decisions are enforced.

Factor 6: Judicial Oversight of Administrative Practice
The judiciary has the power to review administrative acts and to compel the government to act where a legal duty to act exists.

Factor 7: Judicial Jurisdiction over Civil Liberties
The judiciary has exclusive, ultimate jurisdiction over all cases concerning civil rights and liberties.

Factor 8: System of Appellate Review
Judicial decisions may be reversed only through the judicial appellate process.

Brought to our attention by Digby (and Avedon Carol posting on Eschaton), via a post on judicial review on ars technica. From a Congressional Research Service summary of the provisions of the REAL ID Act, which Sensenbrenner in the House has attached to the supplemental budget for Iraq and Afghanistan.

II. Waiver of Laws to Facilitate Barriers at Border44

Section 102 of the IIRIRA generally provides for construction and strengthening of barriers along U.S. land borders and specifically provides for 14 miles of barriers and roads along the border near San Diego, beginning at the Pacific Ocean and extending eastward. IIRIRA § 102(c) provides for a waiver of the Endangered Species Act of 1973 (ESA)45 and the National Environmental Policy Act of 1969 (NEPA)46 to the extent the Attorney General determines is necessary to ensure expeditious construction of barriers and roads...

H.R. 418 [the Real ID Act of 2005] would provide additional waiver authority over laws that might impede the expeditious construction of barriers and roads along the border. H.R. 418 would require the Secretary of Homeland Security to waive any and all laws that he determines necessary, in his sole discretion, to ensure the expeditious construction of barriers and roads under IIRIRA § 102...

Section 102 of H.R. 418 would amend the current provision to require the Secretary of Homeland Security to waive any law upon determining that a waiver is necessary for the expeditious construction of the border barriers. Additionally, it would prohibit judicial review of a waiver decision or action by the Secretary and bar judicially ordered compensation or injunction or other remedy for damages alleged to result from any such decision or action.

Hey, prak, maybe it is time for you to get shrill again, after all.