Judicial Review

Definition

Judicial review is the power of the judiciary to examine and interpret the constitutionality of laws, executive actions, and government policies. It is a fundamental principle of the U.S. legal system that allows the courts to determine whether the actions of the legislative and executive branches are in accordance with the Constitution.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the landmark Supreme Court case Marbury v. Madison (1803), where the Court asserted its authority to review the constitutionality of federal laws.
2. The power of judicial review is not explicitly stated in the U.S. Constitution but has been interpreted as an inherent power of the judiciary.
3. Judicial review allows the courts to invalidate laws or actions that are deemed unconstitutional, thereby serving as a check on the power of the legislative and executive branches.
4. The Supreme Court has the final say on the constitutionality of federal laws and executive actions, and its rulings are binding on all lower federal and state courts.
5. The principle of judicial review is crucial for maintaining the balance of power and ensuring that the government operates within the limits of the Constitution.

Review Questions

• Explain the role of judicial review in the U.S. legal system.
  • Judicial review is a fundamental principle that allows the judiciary, particularly the Supreme Court, to interpret the Constitution and determine whether the actions of the legislative and executive branches are in accordance with its provisions. This power serves as a check on the other branches of government, ensuring that they operate within the limits of the Constitution and preventing any one branch from becoming too powerful. Judicial review is crucial for maintaining the balance of power and the rule of law in the United States.
• Describe the historical significance of the Marbury v. Madison Supreme Court case in establishing the power of judicial review.
  • The landmark Supreme Court case Marbury v. Madison (1803) is widely regarded as the foundation for the principle of judicial review. In this case, the Court asserted its authority to review the constitutionality of federal laws, establishing that the judiciary has the power to interpret the Constitution and determine whether the actions of the legislative and executive branches are in accordance with its provisions. This decision solidified the role of the courts as a check on the other branches of government, and it has had a lasting impact on the balance of power and the rule of law in the United States.
• Analyze the importance of judicial review in the context of the separation of powers and checks and balances within the U.S. government.
  • Judicial review is a critical component of the system of checks and balances and the separation of powers in the U.S. government. By granting the courts the power to review the constitutionality of laws and executive actions, judicial review ensures that no single branch of government becomes too powerful. It allows the judiciary to serve as a check on the legislative and executive branches, preventing them from overstepping the limits of their authority as defined by the Constitution. This balance of power is essential for maintaining the rule of law and protecting the fundamental rights and liberties of citizens. The principle of judicial review is a cornerstone of the U.S. legal system, and it has played a crucial role in shaping the development of American democracy.

Related terms

Constitutional Interpretation: The process of determining the meaning and application of the provisions in the U.S. Constitution.

Checks and Balances: The system of distributing power among the three branches of government to prevent any one branch from becoming too powerful.

Separation of Powers:

The division of governmental authority into three branches: legislative, executive, and judicial, each with distinct powers and responsibilities.