Judicial Review

Definition

Judicial review is the power of courts to assess whether a law or government action is in accordance with the constitution. This process serves as a critical check on legislative and executive powers, ensuring that laws and actions do not violate constitutional principles. By allowing courts to invalidate unconstitutional statutes or actions, judicial review upholds the rule of law and protects individual rights.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the United States in the landmark case Marbury v. Madison (1803), which asserted the Supreme Court's authority to declare laws unconstitutional.
2. The practice of judicial review is a fundamental aspect of the checks and balances system, preventing any branch of government from exceeding its constitutional authority.
3. Judicial review can apply not only to federal laws but also to state laws and regulations, allowing courts to ensure all laws comply with the constitution.
4. Through judicial review, courts can protect minority rights against the tyranny of the majority by invalidating laws that may infringe upon individual liberties.
5. The scope and application of judicial review can vary across different jurisdictions, influencing how various courts interpret their powers and responsibilities.

Review Questions

• How does judicial review function as a check on legislative and executive powers?
  • Judicial review functions as a check on legislative and executive powers by allowing courts to evaluate whether actions taken by these branches are constitutional. When either branch enacts a law or makes a decision, courts have the authority to examine it and determine if it aligns with constitutional provisions. If it is found unconstitutional, the court can invalidate that law or action, thus protecting the integrity of the constitution and ensuring that no branch exceeds its authority.
• What role does judicial review play in safeguarding individual rights within a democratic system?
  • Judicial review plays a crucial role in safeguarding individual rights within a democratic system by providing a mechanism for individuals to challenge laws that may violate their constitutional rights. When laws are enacted that infringe upon personal freedoms or minority rights, affected individuals can bring their cases to court. Through judicial review, judges can assess these laws against constitutional standards, potentially striking down those that unjustly restrict individual liberties and ensuring that everyone's rights are protected.
• Evaluate how the principle of judicial review has evolved over time and its impact on contemporary legal systems.
  • The principle of judicial review has evolved significantly since its establishment in the early 19th century. Initially focused on federal law, its application has expanded over time to encompass state laws, leading to an increasingly active judiciary. This evolution has allowed courts to address complex issues surrounding civil rights, social justice, and governmental accountability. The impact on contemporary legal systems is profound; judicial review now serves as an essential tool for upholding constitutional values, influencing legislative processes, and shaping public policy through landmark court rulings that reflect societal changes.

Related terms

Constitutionality: The quality of being in accordance with the constitution, which serves as the supreme law of the land.

Precedent: A legal decision or form of case law that establishes a principle or rule that courts may follow in future similar cases.

Separation of Powers: The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.