Judicial Review

Definition

Judicial review is the power of courts to examine the actions of the legislative and executive branches of government and determine whether those actions are consistent with the Constitution. This principle serves as a crucial check on government power, ensuring that laws and actions do not violate constitutional rights and principles.

5 Must Know Facts For Your Next Test

1. Judicial review was first articulated in the case Marbury v. Madison, which set the precedent for the judiciary's role in reviewing legislative acts.
2. The concept is rooted in the belief that the Constitution is the supreme law of the land, giving courts the authority to invalidate laws that conflict with constitutional provisions.
3. Judicial review reinforces the principle of separation of powers, ensuring that each branch of government operates within its designated authority.
4. It is not explicitly mentioned in the Constitution, but has been inferred from its structure and purpose, particularly through Article III.
5. Judicial review has been used to protect individual rights, as seen in cases involving civil liberties and due process.

Review Questions

• How does judicial review support the principle of separation of powers in the U.S. government?
  • Judicial review supports separation of powers by allowing the judiciary to act as a check on the legislative and executive branches. This means that when Congress or the President makes decisions, the courts can step in to ensure those decisions adhere to constitutional standards. By invalidating actions that overstep authority or violate constitutional rights, judicial review maintains balance among the branches, preventing any one from gaining unchecked power.
• Evaluate the significance of Marbury v. Madison in establishing judicial review and its implications for American law.
  • Marbury v. Madison was significant because it formally established judicial review as a fundamental principle in American law. The Supreme Court ruled that it had the authority to invalidate laws that conflicted with the Constitution, thereby cementing its role as an interpreter of constitutional law. This case set a precedent that empowered the judiciary and ensured that individual rights could be protected against legislative overreach.
• Assess how judicial review has evolved over time and its impact on contemporary interpretations of due process and individual rights.
  • Judicial review has evolved significantly since its inception, expanding to encompass a wide range of issues related to individual rights and due process. Over time, landmark decisions have utilized judicial review to strike down discriminatory laws and affirm civil liberties, leading to transformative changes in American society. This evolution reflects a dynamic interplay between evolving societal values and constitutional interpretation, highlighting how courts serve as guardians of fundamental rights while also adapting to new challenges.

Related terms

Constitutionality: The quality of being in accordance with the Constitution, which is essential for laws and government actions to be valid.

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

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