Judicial Review

Definition

Judicial review is the power of the courts, particularly the Supreme Court, to examine the actions of the legislative and executive branches of government and to determine whether they are constitutional. It is a fundamental principle of the American system of government that allows the judiciary to serve as a check on the other branches and ensure that their actions do not violate the Constitution.

5 Must Know Facts For Your Next Test

1. Judicial review allows the courts to interpret the Constitution and determine if the actions of the other branches of government are in accordance with its provisions.
2. The power of judicial review is not explicitly stated in the Constitution but was established through the Supreme Court's ruling in Marbury v. Madison (1803).
3. Judicial review is a key component of the system of checks and balances, enabling the judiciary to serve as a check on the legislative and executive branches.
4. The Supreme Court's ability to strike down laws or executive actions as unconstitutional is a significant check on the power of the other branches of government.
5. The principle of judicial review has been used to protect individual rights and liberties, as the courts can invalidate laws or actions that violate the protections provided in the Constitution, including the Bill of Rights.

Review Questions

• Explain how the concept of judicial review is connected to the development of the Constitution and the system of checks and balances.
  • Judicial review is a crucial aspect of the development of the Constitution and the system of checks and balances. While the power of judicial review is not explicitly stated in the Constitution, the Supreme Court established this principle in the landmark case of Marbury v. Madison (1803). This decision gave the courts the authority to interpret the Constitution and determine if the actions of the legislative and executive branches are in accordance with its provisions. Judicial review is a key component of the system of checks and balances, as it enables the judiciary to serve as a check on the power of the other branches of government, ensuring that their actions do not violate the Constitution.
• Describe how the principle of judicial review is used to secure basic freedoms and interpret the Bill of Rights.
  • Judicial review plays a vital role in securing basic freedoms and interpreting the Bill of Rights. The courts, through the power of judicial review, can invalidate laws or actions that violate the protections provided in the Constitution, including the individual rights and liberties enshrined in the Bill of Rights. This enables the judiciary to serve as a guardian of the Constitution and individual rights, ensuring that the government does not infringe upon the fundamental freedoms of the people. The Supreme Court, in particular, has used the principle of judicial review to protect and interpret the provisions of the Bill of Rights, such as freedom of speech, freedom of religion, and due process of law, among others.
• Analyze how the dual court system and the structure of the federal court system, including the role of the Supreme Court, are influenced by the principle of judicial review.
  • The principle of judicial review has had a significant impact on the structure and functioning of the American court system. The dual court system, which consists of both state and federal courts, is influenced by judicial review, as both state and federal courts have the power to review the actions of the legislative and executive branches and determine their constitutionality. The federal court system, with the Supreme Court at the apex, is also shaped by the principle of judicial review. The Supreme Court, as the highest court in the land, has the ultimate authority to interpret the Constitution and strike down laws or actions that it deems unconstitutional. This power of judicial review is a crucial aspect of the Supreme Court's role as the guardian of the Constitution and the protector of individual rights and liberties. The structure of the federal court system, with its hierarchical organization and the ability of lower courts to appeal decisions to higher courts, is designed to facilitate the effective exercise of judicial review.

Related terms

Marbury v. Madison: The landmark 1803 Supreme Court case that established the principle of judicial review, giving the courts the authority to declare acts of Congress unconstitutional.

Checks and Balances: The system of shared power among the three branches of government, where each branch has the ability to limit the actions of the others, including the power of judicial review.

Separation of Powers: The division of government into three branches (legislative, executive, and judicial) with distinct powers and responsibilities, which enables the system of checks and balances, including judicial review.