Judicial Review

Definition

Judicial review is the power of courts to assess whether a law, policy, or executive action is in compliance with the Constitution. This authority allows the judiciary to interpret constitutional principles and to invalidate laws that conflict with constitutional mandates, thereby playing a critical role in maintaining the balance of power among government branches.

5 Must Know Facts For Your Next Test

1. Judicial review was established as a crucial function of the judiciary through the landmark case Marbury v. Madison in 1803.
2. The power of judicial review allows courts to strike down laws and executive actions that they find unconstitutional, thereby protecting individual rights and upholding constitutional norms.
3. Judicial review can be seen as a reflection of living constitutionalism, where courts interpret the Constitution in light of contemporary values and social changes.
4. Public perception of judicial impartiality can significantly influence how judicial review is viewed, especially when courts make controversial decisions.
5. Judicial review varies across countries; in some places, it is a well-established practice while in others, it may be limited or even nonexistent.

Review Questions

• How does the case of Marbury v. Madison illustrate the concept of judicial review and its significance within the federal court system?
  • Marbury v. Madison established the principle of judicial review when the Supreme Court ruled that it had the authority to strike down laws that conflict with the Constitution. This case clarified the role of the judiciary within the federal court system by asserting its power to review and invalidate legislative and executive actions. The ruling reinforced the notion that the Constitution is the supreme law of the land, ensuring that no branch of government can exceed its authority.
• In what ways does living constitutionalism challenge traditional interpretations of judicial review, and what implications does this have for judicial policymaking?
  • Living constitutionalism advocates for an interpretation of the Constitution that evolves with societal changes and contemporary values, which can challenge more originalist views that stick strictly to historical meanings. This perspective influences judicial review by encouraging judges to consider modern implications when assessing laws and policies. As a result, judicial policymaking becomes more dynamic, reflecting current societal norms and addressing emerging issues more effectively than strict adherence to original intent.
• Evaluate how perceptions of judicial impartiality and legitimacy impact public trust in judicial review processes across different countries.
  • Perceptions of judicial impartiality and legitimacy play crucial roles in shaping public trust in judicial review processes. In countries where courts are viewed as unbiased and uphold the rule of law, there tends to be greater acceptance of their decisions, including those involving judicial review. Conversely, if courts are perceived as politically influenced or lacking independence, public confidence in their ability to fairly evaluate laws diminishes. This disparity highlights how cultural attitudes toward justice systems can affect not only individual cases but also broader governance structures across nations.

Related terms

Constitutionalism: The principle that government authority is derived from and limited by a body of fundamental law, ensuring that all actions are subject to constitutional constraints.

Checks and Balances: A system that ensures that no one branch of government becomes too powerful by allowing each branch to have some measure of influence over the other branches.

Precedent: A legal principle or rule established in a previous case that is persuasive or binding in subsequent cases with similar issues or facts.