Judicial review

Definition

Judicial review is the power of courts to examine laws and actions of the legislative and executive branches, determining whether they are in accordance with the Constitution. This principle serves as a crucial check on governmental power, ensuring that no law or action can violate the fundamental rights and liberties protected by the Constitution.

5 Must Know Facts For Your Next Test

1. Judicial review was established by the landmark case Marbury v. Madison in 1803, which set the precedent for courts to invalidate laws that conflict with the Constitution.
2. It serves as a safeguard for civil liberties by allowing courts to protect individuals from unconstitutional laws and actions by the government.
3. Judicial review is not explicitly mentioned in the Constitution, but it has been inferred through various interpretations and practices over time.
4. The power of judicial review contributes to the system of checks and balances, where each branch of government can limit the powers of the others.
5. Judicial review can lead to significant societal changes, as seen in cases like Brown v. Board of Education, which declared racial segregation in schools unconstitutional.

Review Questions

• How does judicial review act as a check on governmental power?
  • Judicial review acts as a check on governmental power by allowing courts to assess whether laws or executive actions align with constitutional principles. If a law is found to violate the Constitution, the judiciary can strike it down, ensuring that legislative and executive branches cannot overstep their authority. This process maintains the balance of power among branches of government and protects citizens' rights from potential abuses.
• Discuss how Marbury v. Madison established the practice of judicial review and its implications for American governance.
  • Marbury v. Madison established judicial review by affirming the Supreme Court's authority to invalidate laws that conflict with the Constitution. This case underscored the judiciary's role as a guardian of constitutional rights and clarified that all branches must adhere to constitutional limits. The implications were profound, as it set a precedent that empowered courts to challenge legislative and executive actions, shaping American governance by reinforcing the principle of constitutional supremacy.
• Evaluate the impact of judicial review on civil liberties throughout American history.
  • Judicial review has significantly impacted civil liberties by allowing courts to protect individual rights against government encroachment. Throughout American history, key cases decided under judicial review have expanded protections, such as in Brown v. Board of Education, which dismantled racial segregation, and Roe v. Wade, which recognized reproductive rights. This power enables the judiciary to respond to evolving societal values and address injustices, making it a crucial mechanism for advancing civil liberties in an ever-changing legal landscape.

Related terms

Constitutionalism: The principle that government authority is derived from and limited by a body of fundamental law or constitution.

Supreme Court: The highest court in the United States, which has the ultimate authority in interpreting the Constitution and exercising judicial review.

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