Principle of Judicial Review

Definition

The Principle of Judicial Review is the power of courts to evaluate the constitutionality of legislative and executive actions. This principle is a key feature of the American legal system, ensuring that laws and government actions align with the Constitution, thus upholding the rule of law and protecting individual rights.

5 Must Know Facts For Your Next Test

1. Judicial review was not explicitly mentioned in the Constitution but was established through court decisions, particularly in Marbury v. Madison.
2. The Supreme Court uses judicial review to invalidate laws or executive actions that it finds unconstitutional, acting as a guardian of the Constitution.
3. Judicial review has been used to strike down numerous state and federal laws throughout American history, influencing social change and civil rights.
4. This principle emphasizes the independence of the judiciary, allowing courts to operate without influence from the legislative or executive branches.
5. The exercise of judicial review can lead to significant political and social consequences, as seen in cases that address issues like civil liberties and discrimination.

Review Questions

• How did the case of Marbury v. Madison establish the principle of judicial review, and what impact did it have on the balance of power among government branches?
  • Marbury v. Madison established judicial review by declaring an act of Congress unconstitutional, which confirmed that the Supreme Court has the authority to review laws. This case significantly shifted the balance of power among government branches by affirming that the judiciary could limit congressional power, ensuring that laws are consistent with the Constitution. As a result, this ruling reinforced the role of the Supreme Court as a co-equal branch of government with significant oversight capabilities.
• Discuss how the principle of judicial review serves as a check on legislative and executive powers within the American political system.
  • Judicial review acts as a crucial check on legislative and executive powers by allowing courts to assess whether their actions are constitutional. When Congress passes a law or the President issues an executive order, individuals can challenge these decisions in court. If a court finds them unconstitutional through judicial review, those actions are nullified, thus maintaining the integrity of the Constitution and preventing any branch from overstepping its authority.
• Evaluate the broader implications of judicial review on American society and governance, especially concerning civil rights movements.
  • Judicial review has profound implications for American society by enabling courts to address injustices and uphold individual rights against majority rule. Through landmark cases involving civil rights, such as Brown v. Board of Education or Roe v. Wade, judicial review has facilitated social change by invalidating discriminatory laws and practices. This principle not only protects minority rights but also shapes public policy by reflecting evolving societal values within the legal framework, highlighting the judiciary's vital role in democratic governance.

Related terms

Marbury v. Madison:

A landmark Supreme Court case from 1803 that established the principle of judicial review in the United States.

Constitutionality:

The quality of being in accordance with the Constitution, which judicial review assesses when evaluating laws and government actions.

Checks and Balances:

A system that ensures no branch of government becomes too powerful, where judicial review serves as a check on legislative and executive actions.