Judicial Review

Definition

Judicial review is the power of courts to evaluate the constitutionality of legislative acts and executive actions, ensuring that laws and government actions comply with the Constitution. This crucial mechanism serves as a check on the powers of the legislative and executive branches, maintaining the rule of law and protecting individual rights. Through judicial review, the judiciary interprets laws and can invalidate those that are deemed unconstitutional.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the landmark case Marbury v. Madison in 1803, where the Supreme Court asserted its authority to strike down unconstitutional laws.
2. This power allows courts to invalidate not only laws passed by legislatures but also actions taken by the executive branch if they violate constitutional principles.
3. Judicial review helps maintain the balance of power among the three branches of government, preventing any branch from overstepping its authority.
4. The concept of judicial review is not explicitly mentioned in the Constitution, but it has been interpreted as an inherent power of the judiciary based on its role in interpreting the law.
5. While judicial review applies primarily at the federal level, state courts also exercise this power, reviewing state laws and actions for compliance with both state and federal constitutions.

Review Questions

• How does judicial review function as a check on the legislative and executive branches?
  • Judicial review functions as a crucial check on both legislative and executive branches by allowing courts to evaluate their actions against constitutional standards. If a law or executive action is found to violate the Constitution, it can be declared unconstitutional and invalidated. This process helps ensure that all government actions remain within their legal bounds, promoting accountability and protecting individual rights.
• Discuss the implications of judicial review established in Marbury v. Madison for future cases and government actions.
  • The implications of judicial review established in Marbury v. Madison are profound, setting a precedent that empowers the judiciary to interpret laws and assess their alignment with the Constitution. This case laid the foundation for future legal battles, enabling courts to play a critical role in shaping public policy by determining what is constitutionally permissible. As a result, it has become an essential tool for safeguarding civil liberties against potential governmental overreach.
• Evaluate how judicial review influences the relationship between federal and state governments in terms of constitutional interpretation.
  • Judicial review significantly influences the relationship between federal and state governments by establishing a hierarchy in constitutional interpretation. Federal courts have the authority to interpret federal law and can invalidate state laws that conflict with federal statutes or constitutional provisions. This dynamic creates a complex interplay where state courts also engage in judicial review, leading to variations in legal interpretations across jurisdictions. Ultimately, this ensures a unified constitutional framework while allowing for regional legal differences.

Related terms

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

Supreme Court: The highest court in the United States, which has the ultimate authority in interpreting the Constitution and reviewing lower court decisions.

Checks and Balances: A system that ensures that no single branch of government becomes too powerful by providing each branch with specific powers to limit the others.