Judicial Review

Definition

Judicial review is the power of courts to evaluate the constitutionality of legislative acts and executive actions. This principle ensures that laws and government actions comply with the Constitution, serving as a critical check on the powers of the other branches of government. It establishes the judiciary as an essential arbiter in disputes involving the balance of power and the protection of individual rights.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the landmark case Marbury v. Madison in 1803, where Chief Justice John Marshall asserted the court's authority to invalidate unconstitutional laws.
2. The power of judicial review allows courts to strike down laws or actions that conflict with the Constitution, thereby safeguarding individual rights and liberties.
3. Judicial review serves as a key mechanism for maintaining checks and balances among the three branches of government, preventing any branch from becoming too powerful.
4. Not all countries have a system of judicial review; it is a distinctive feature of the American legal system that has influenced other nations' approaches to constitutional law.
5. Judicial review has evolved over time, with the Supreme Court sometimes using it to expand civil rights and liberties while at other times upholding controversial laws.

Review Questions

• How does judicial review impact the relationship between the legislative and executive branches?
  • Judicial review plays a significant role in shaping the relationship between the legislative and executive branches by allowing courts to nullify laws and executive actions that violate the Constitution. This power ensures that neither branch can overstep its authority or infringe upon individual rights. For example, if Congress passes a law that conflicts with constitutional principles, judicial review empowers the courts to strike it down, maintaining a balance among governmental powers.
• Discuss how judicial review contributes to upholding constitutional principles in American society.
  • Judicial review is essential for upholding constitutional principles as it allows courts to assess whether laws and government actions align with the Constitution. This scrutiny protects citizens from arbitrary government action and ensures adherence to fundamental rights. Through landmark decisions, courts have used judicial review to reinforce civil liberties and civil rights, creating a legal framework that reflects democratic values and societal changes.
• Evaluate the implications of judicial review on social change in America, citing specific cases as examples.
  • Judicial review has profound implications for social change in America by providing a mechanism for advancing civil rights through court rulings. For instance, cases like Brown v. Board of Education abolished school segregation by declaring it unconstitutional, demonstrating how judicial review can reflect evolving societal values. Conversely, rulings such as Roe v. Wade established reproductive rights, showcasing how the judiciary can influence controversial issues. The ongoing debates surrounding these rulings illustrate how judicial review remains a dynamic force shaping American society.

Related terms

Constitutionalism: The principle that government authority is derived from and limited by a constitution.

Separation of Powers:

The division of government responsibilities into distinct branches to prevent 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 the Constitution and federal law.