Reviews

Definition

Reviews refer to the judicial process in which courts evaluate the actions or decisions of other branches of government, particularly focusing on the constitutionality and legality of those actions. This process serves as a check on legislative and executive power, ensuring that laws and policies comply with the Constitution, thereby upholding the rule of law and protecting individual rights.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the U.S. by the Supreme Court in 1803 through the case of Marbury v. Madison, which set the precedent for the courts to strike down laws that conflict with the Constitution.
2. The ability to review and overturn laws is crucial for protecting minority rights against the potential tyranny of the majority.
3. Reviews can lead to significant changes in law and policy, as seen in landmark Supreme Court cases such as Brown v. Board of Education, which declared racial segregation in public schools unconstitutional.
4. The process of reviews involves not only constitutional issues but also statutory interpretations, where courts clarify legislative intent and application.
5. Judicial reviews can reflect societal changes and values, illustrating how evolving interpretations of the Constitution shape American law over time.

Review Questions

• How does judicial review function as a check on legislative and executive power within the context of the U.S. government?
  • Judicial review acts as a critical mechanism for maintaining balance among the branches of government by allowing courts to assess whether actions taken by the legislative or executive branches are constitutional. When a law is challenged in court, judges have the authority to examine its legality and potentially invalidate it if it contradicts constitutional principles. This process not only protects individual rights but also ensures that no branch exceeds its designated powers, reinforcing accountability and adherence to the rule of law.
• Discuss how landmark cases involving judicial review have shaped American legal principles and civil rights.
  • Landmark cases such as Marbury v. Madison and Brown v. Board of Education highlight how judicial review has profoundly impacted American legal principles. In Marbury v. Madison, the Supreme Court established its authority to strike down unconstitutional laws, affirming its role in safeguarding the Constitution. Meanwhile, Brown v. Board dismantled racial segregation in public schools, demonstrating how judicial review can be a powerful tool for advancing civil rights and reflecting societal shifts towards equality. These cases illustrate the dynamic nature of constitutional interpretation and its relevance in shaping societal norms.
• Evaluate the implications of judicial reviews on contemporary political issues in America, especially regarding debates on rights and liberties.
  • Judicial reviews significantly influence contemporary political issues by determining how laws align with constitutional rights and liberties. As debates surrounding topics like reproductive rights, voting access, and healthcare access unfold, courts wield substantial power through their ability to review legislation's constitutionality. This not only impacts immediate legal outcomes but also sets precedents that can shape future legislation and societal norms. In this way, judicial reviews serve as both a reflection of current values and a means for steering political discourse in America, highlighting the evolving relationship between law and society.

Related terms

Judicial Review:

The power of the courts to assess whether a law, policy, or executive action is constitutional, established by the landmark case Marbury v. Madison.

Checks and Balances:

A system that ensures that no one branch of government becomes too powerful by giving each branch some measure of influence over the other branches.

Precedent:

A legal decision or form of case law that serves as an example or rule for future similar cases, guiding judges in their decisions.