Judicial power

Definition

Judicial power refers to the authority vested in courts and judges to interpret laws, adjudicate disputes, and ensure justice is served within the legal framework of a society. This power plays a critical role in upholding the rule of law and protecting individual rights, and is balanced by checks from the legislative and executive branches to prevent overreach and maintain accountability.

5 Must Know Facts For Your Next Test

1. Judicial power allows courts to interpret the Constitution and laws, which can lead to landmark decisions that shape society.
2. The Supreme Court holds the highest level of judicial power in the United States and can overturn laws that it finds unconstitutional.
3. Judicial power is subject to checks from the executive branch, which appoints federal judges, and the legislative branch, which can impeach judges or propose constitutional amendments.
4. The concept of judicial review was established in the early 19th century by the Supreme Court case Marbury v. Madison.
5. Judicial power helps protect civil liberties and rights, serving as a safeguard against potential abuses by other branches of government.

Review Questions

• How does judicial power contribute to the system of checks and balances within the government?
  • Judicial power contributes to checks and balances by allowing the judiciary to review actions taken by the legislative and executive branches. This means that if either branch passes a law or takes an action that violates the Constitution, the courts have the authority to strike it down. This ensures that no branch exceeds its authority, maintaining a balance of power among them.
• In what ways can judicial power impact the presidency, particularly in terms of executive orders and actions?
  • Judicial power can significantly impact the presidency by reviewing executive orders and actions for constitutionality. Courts have the authority to invalidate presidential actions that they find violate constitutional rights or exceed executive authority. This creates an important check on presidential power, ensuring that even actions taken by the president are subject to legal scrutiny.
• Evaluate how Federalist No. 10 addresses concerns about majority rule in relation to judicial power.
  • Federalist No. 10 argues that a strong central government with a system of checks and balances is essential for controlling factions and protecting minority rights. Judicial power plays a crucial role in this context by providing a mechanism for courts to uphold constitutional principles against majority tyranny. By interpreting laws impartially, the judiciary serves as a defender of individual rights against possible overreach from majority rule in both legislative decisions and popular sentiment.

Related terms

Judicial review: The process by which courts examine the actions of legislative and executive branches to determine their constitutionality.

Separation of powers: A principle in which the government is divided into distinct branches, each with its own powers and responsibilities, ensuring no single branch becomes too powerful.

Checks and balances: A system that ensures each branch of government can limit the powers of the others, preventing any one branch from exerting too much control.