Judicial review

Definition

Judicial review is the power of courts to examine laws, policies, and government actions to determine whether they are constitutional. This process ensures that the legislative and executive branches do not exceed their authority, maintaining the balance of power within the government and protecting 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 Supreme Court's authority to declare laws unconstitutional.
2. The process of judicial review is not explicitly mentioned in the Constitution but has been interpreted as a necessary function of the judiciary to uphold constitutional governance.
3. Judicial review serves as a critical check on the powers of Congress and the President, allowing courts to strike down laws that violate individual rights or principles of justice.
4. The scope of judicial review has evolved over time, with the Supreme Court taking on more significant social issues, such as civil rights and liberties, affecting legislation and policy across the nation.
5. Decisions made through judicial review can lead to widespread changes in law and public policy, reflecting shifts in societal values and priorities.

Review Questions

• How does judicial review function as a mechanism for checks and balances within the U.S. government?
  • Judicial review plays a crucial role in maintaining checks and balances by allowing the judiciary to assess whether legislative and executive actions comply with the Constitution. This means that if Congress passes a law or the President implements a policy that infringes upon constitutional rights, courts can invalidate those actions. By doing so, judicial review ensures that no single branch of government can overstep its boundaries, thus safeguarding democratic principles.
• In what ways did Marbury v. Madison shape the concept of judicial review in American law?
  • The case Marbury v. Madison established the precedent for judicial review by affirming that it is within the Supreme Court's jurisdiction to nullify laws that are found unconstitutional. Chief Justice John Marshall's decision not only reinforced the power of the judiciary but also solidified the role of courts as interpreters of constitutional law. This landmark ruling set a critical standard for how future cases would be evaluated regarding their alignment with constitutional provisions.
• Evaluate how judicial review has influenced social change through landmark Supreme Court cases over time.
  • Judicial review has significantly influenced social change by allowing the Supreme Court to address pivotal issues such as civil rights, reproductive rights, and more. Cases like Brown v. Board of Education challenged segregation laws, leading to desegregation in schools across America. Similarly, Roe v. Wade addressed women's reproductive rights, setting precedents that shaped legislation and public policy. The ability of courts to reinterpret constitutional meanings has allowed them to respond to evolving societal values and challenges, making judicial review a powerful tool for social transformation.

Related terms

Constitutionality: The quality of being in accordance with the constitution, which judicial review assesses when evaluating laws and actions.

Supreme Court:

The highest court in the United States, which has the ultimate authority in interpreting the Constitution and applying judicial review.

Checks and Balances:

A system that ensures no branch of government becomes too powerful by giving each branch the ability to limit the powers of the others, including through judicial review.