key term - Judicial Review

Definition

Judicial review is the power of courts to assess whether a law, policy, or executive action is in accordance with the constitution. This process plays a crucial role in maintaining the balance of power within the government and protecting individual rights by allowing the judiciary to invalidate legislation or actions that violate constitutional principles.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the landmark case Marbury v. Madison (1803), which set the precedent for courts to review and invalidate government actions that conflict with the Constitution.
2. Judicial review serves as a critical mechanism for protecting individual rights, ensuring that laws do not infringe on constitutional guarantees such as freedom of speech and equal protection under the law.
3. The Supreme Court of the United States exercises judicial review, making final determinations on the constitutionality of federal and state laws.
4. Not all countries have a formal process for judicial review, but many adopt similar mechanisms to uphold constitutional governance.
5. The use of judicial review can sometimes lead to controversies regarding the role of judges in interpreting laws and the balance between judicial power and legislative intent.

Review Questions

• How does judicial review empower the judiciary in relation to legislative and executive actions?
  • Judicial review empowers the judiciary by allowing it to evaluate and potentially invalidate laws or executive actions that do not comply with constitutional standards. This acts as a check on legislative and executive powers, ensuring that no law or policy can override constitutional protections. As a result, it fosters accountability among branches of government, maintaining a balance of power essential for democratic governance.
• Discuss how judicial review relates to the concepts of checks and balances within the government framework.
  • Judicial review is a fundamental aspect of checks and balances, as it provides a means for the judiciary to oversee both legislative and executive branches. When courts exercise this power, they ensure that laws passed by legislatures or actions taken by executives do not violate constitutional limits. This interaction promotes governmental accountability and prevents any one branch from gaining excessive power, thus reinforcing democratic principles.
• Evaluate the impact of judicial review on civil liberties and its implications for societal change.
  • Judicial review has significantly impacted civil liberties by allowing courts to safeguard individual rights against potentially oppressive legislation. Through landmark rulings, courts have struck down discriminatory laws and expanded protections for marginalized groups. This ability to invalidate unconstitutional laws facilitates societal change by promoting justice and equality, though it can also provoke debates about judicial activism versus restraint in shaping public policy.

Related terms

Constitutional Supremacy: The principle that the Constitution is the highest law of the land, and any law or action that contradicts it is void.

Stare Decisis: A legal principle that dictates that courts should follow precedents established in previous rulings when making decisions on similar cases.

Checks and Balances:

A system that ensures that no one branch of government becomes too powerful by providing each branch with the means to limit the actions of the others.