Judicial Review

Definition

Judicial review is the power of the courts to examine the actions of the legislative and executive branches and determine whether those actions are constitutional. This crucial function serves as a check on government power, ensuring that no branch exceeds its authority and that individual rights are protected under the Constitution. By interpreting laws and assessing their alignment with constitutional principles, judicial review plays a key role in maintaining the balance of power within the federal system.

5 Must Know Facts For Your Next Test

1. Judicial review was established as a key principle in the landmark Supreme Court case Marbury v. Madison in 1803, setting a precedent for future cases.
2. This power allows courts to invalidate laws and executive actions that conflict with the Constitution, providing a critical check on legislative and executive authority.
3. Judicial review ensures the protection of individual rights by allowing courts to strike down laws that violate constitutional rights or principles.
4. The practice of judicial review has evolved over time, with courts increasingly taking an active role in reviewing governmental actions and legislation.
5. Not all countries have judicial review; it is a distinctive feature of American governance that reflects a commitment to constitutional supremacy.

Review Questions

• How does judicial review act as a check on the legislative and executive branches of government?
  • Judicial review acts as a check on the legislative and executive branches by allowing courts to assess whether their actions are constitutional. If legislation or executive actions violate the Constitution, courts can invalidate them. This process helps maintain a balance of power among government branches, ensuring that no single branch can overstep its authority or infringe upon individual rights.
• Discuss the implications of Marbury v. Madison for judicial review in the context of American government.
  • Marbury v. Madison established the foundation for judicial review in American law by affirming the Supreme Court's authority to declare laws unconstitutional. This case clarified that it is the duty of the judiciary to interpret the Constitution and ensure that legislative and executive actions comply with its provisions. The decision significantly shaped the relationship between branches of government and emphasized the importance of an independent judiciary in safeguarding constitutional governance.
• Evaluate how judicial review influences contemporary legal issues and debates regarding governmental power and individual rights.
  • Judicial review plays a crucial role in contemporary legal issues by allowing courts to evaluate the constitutionality of laws related to civil liberties, privacy rights, and governmental authority. Through landmark decisions, such as those addressing healthcare, voting rights, and immigration policy, judicial review impacts societal norms and expectations around government limitations. As society evolves, judicial review continues to challenge lawmakers to craft legislation that respects constitutional rights while addressing modern issues, reflecting its ongoing significance in balancing individual freedoms against state power.

Related terms

Constitutionalism: The principle that government powers are limited by law, and that government must operate within the framework established by the Constitution.

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

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