Judicial Review

Definition

Judicial review is the power of courts to assess whether a law, policy, or governmental action is in accordance with the Constitution. This process plays a crucial role in maintaining the balance of power among branches of government and protecting individual rights.

5 Must Know Facts For Your Next Test

1. Judicial review was established in 1803 with the landmark case Marbury v. Madison, which set the precedent for the Supreme Court's authority to invalidate unconstitutional laws.
2. The power of judicial review allows the Supreme Court to act as a check on legislative and executive actions, ensuring they comply with constitutional standards.
3. Judicial review has evolved over time, reflecting changes in societal values and attitudes toward government power and individual rights.
4. The scope and application of judicial review can lead to significant political and social debates, particularly in cases that address contentious issues like civil rights and liberties.
5. While primarily associated with the federal judiciary, state courts also exercise judicial review within their jurisdictions, addressing state laws and constitutional matters.

Review Questions

• How did Marbury v. Madison shape the concept of judicial review in the American legal system?
  • Marbury v. Madison established the principle of judicial review by affirming the Supreme Court's authority to strike down laws that conflict with the Constitution. In this case, Chief Justice John Marshall asserted that it is 'emphatically the province and duty of the judicial department to say what the law is.' This landmark decision set a precedent for future cases, ensuring that all branches of government must operate within constitutional limits.
• Evaluate how judicial review serves as a mechanism for checks and balances among the branches of government.
  • Judicial review acts as a vital check on legislative and executive powers by allowing courts to invalidate laws and actions deemed unconstitutional. This mechanism ensures that no branch exceeds its authority or undermines individual rights. For instance, when Congress passes a law that infringes upon constitutional rights, judicial review enables the judiciary to step in and maintain constitutional governance, reflecting its critical role in preserving democratic principles.
• Discuss the implications of judicial review on contemporary issues related to civil rights and government power.
  • Judicial review significantly impacts contemporary civil rights issues by determining the constitutionality of laws affecting marginalized groups. For example, landmark rulings such as Brown v. Board of Education challenged segregation laws under judicial scrutiny. The ability of courts to interpret constitutional protections means that shifts in public opinion can influence legal outcomes, often leading to substantial changes in policy and societal norms regarding equality and justice. Additionally, this dynamic raises questions about the appropriate balance between judicial intervention and legislative authority in addressing complex social issues.

Related terms

Constitutional Interpretation:

The method by which the meaning of the Constitution is understood and applied by the courts, influencing how judicial review is exercised.

Checks and Balances: A system that ensures no one branch of government becomes too powerful by providing each branch with specific powers to limit the others, heavily reliant on judicial review.

Precedent:

Past judicial decisions that inform and guide future cases, often serving as a basis for judicial review in determining the constitutionality of laws.