Judicial Review

Definition

Judicial review is the power of courts to evaluate and determine the constitutionality of laws and actions made by the government. This process ensures that the government operates within the boundaries set by the constitution, allowing the judiciary to check the powers of the legislative and executive branches. By enabling courts to overturn laws or actions deemed unconstitutional, judicial review plays a crucial role in protecting individual rights and upholding the principle of limited government.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the landmark case Marbury v. Madison in 1803, which set the precedent for courts to nullify laws that conflict with the Constitution.
2. This power is not explicitly mentioned in the Constitution but has been inferred from its structure, particularly through the supremacy clause.
3. Judicial review serves as a critical mechanism for protecting minority rights against potential tyranny of the majority by ensuring that all laws adhere to constitutional standards.
4. The practice of judicial review varies among countries, with some having explicit provisions in their constitutions while others rely on judicial precedents.
5. Judicial review can lead to significant political and social changes, as courts may invalidate laws related to civil rights, healthcare, and more, impacting citizens' daily lives.

Review Questions

• How does judicial review relate to the principle of limited government?
  • Judicial review is a fundamental aspect of limited government as it allows courts to ensure that all government actions conform to constitutional limits. This mechanism acts as a safeguard against abuses of power by ensuring that neither the legislative nor executive branches can enact laws that infringe upon individual rights or exceed their authority. By checking these powers, judicial review reinforces the rule of law and upholds citizens' freedoms.
• Discuss how the Supreme Court's exercise of judicial review has influenced major social changes in American history.
  • The Supreme Court's use of judicial review has profoundly influenced American society by shaping laws on civil rights, education, and social policies. Landmark cases like Brown v. Board of Education and Roe v. Wade demonstrate how judicial review can invalidate discriminatory laws and expand personal freedoms. These decisions not only reflect evolving societal values but also highlight the Court's role in addressing issues that may not have been resolved through legislative means.
• Evaluate the implications of judicial review on democratic governance and individual rights.
  • Judicial review carries significant implications for both democratic governance and the protection of individual rights. On one hand, it empowers the judiciary to act as a check on legislative and executive power, ensuring that laws are constitutional and protect minority interests. On the other hand, critics argue that it may lead to judicial activism, where judges impose their personal views over elected representatives' decisions. This tension raises important questions about accountability, representation, and the balance between majority rule and safeguarding fundamental rights.

Related terms

Constitutionalism:

The principle that government authority is derived from and limited by a constitution, ensuring a framework for governance that protects individual rights.

Separation of Powers:

The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another, which is essential for maintaining checks and balances.

Supreme Court: The highest court in the United States, which has the ultimate authority to interpret constitutional law and exercise judicial review over federal and state legislation.