Judicial review

Definition

Judicial review is the power of courts to assess whether a law, policy, or executive action is in line with the Constitution. This critical function allows the judiciary to invalidate laws and actions that are deemed unconstitutional, thereby maintaining the rule of law and protecting individual rights.

5 Must Know Facts For Your Next Test

1. Judicial review was established as a fundamental principle of American law by the Supreme Court case Marbury v. Madison in 1803.
2. The power of judicial review allows courts to overturn laws or executive actions that violate the Constitution, reinforcing checks and balances among government branches.
3. Judicial review plays a crucial role in protecting civil liberties and ensuring that legislation does not infringe on individual rights.
4. Not all countries have judicial review; it is a hallmark of the American legal system that differentiates it from many other nations.
5. The scope and exercise of judicial review can evolve over time based on shifts in societal values, political climates, and judicial philosophies.

Review Questions

• How does judicial review act as a check on presidential powers and executive actions?
  • Judicial review acts as a vital check on presidential powers by allowing courts to evaluate the constitutionality of executive actions. If a president enacts an order that oversteps constitutional bounds or violates individual rights, the judiciary can step in and nullify that action. This process ensures that no single branch of government exceeds its authority, thereby maintaining a balance of power among the branches.
• Discuss the implications of judicial review on the structure and function of the U.S. court system.
  • Judicial review significantly impacts the structure and function of the U.S. court system by placing the judiciary as a co-equal branch alongside the executive and legislative branches. It empowers courts to interpret laws and protect constitutional rights, giving them a pivotal role in governance. This ability to invalidate legislation or executive actions based on constitutional interpretation reinforces the importance of an independent judiciary in upholding democracy.
• Evaluate how landmark cases involving judicial review have shaped contemporary legal standards and civil rights in America.
  • Landmark cases involving judicial review, such as Brown v. Board of Education and Roe v. Wade, have profoundly shaped contemporary legal standards and civil rights in America. These cases not only addressed crucial social issues but also set precedents that expanded individual rights and liberties. By striking down discriminatory laws and affirming personal freedoms, judicial review has been instrumental in driving societal change and advancing civil rights, reflecting evolving interpretations of justice in a democratic society.

Related terms

Constitutionality: The quality of being in accordance with the Constitution, which is the supreme law of the land.

Marbury v. Madison: The landmark Supreme Court case from 1803 that established the principle of judicial review in the United States.

Separation of Powers: A doctrine that divides government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.