Judicial Review

Definition

Judicial review is the power of courts to evaluate and invalidate laws, actions, or decisions made by the legislative and executive branches if they are found to be unconstitutional. This principle serves as a key mechanism for maintaining the balance of power within a government, ensuring that no branch exceeds its authority. By exercising judicial review, courts can protect individual rights and uphold the rule of law, which is essential for a mixed constitution where various forms of governance coexist.

5 Must Know Facts For Your Next Test

1. Judicial review originated in the United States with the landmark case Marbury v. Madison in 1803, which established the precedent for courts to strike down unconstitutional laws.
2. The practice of judicial review supports the concept of a mixed constitution by allowing different governance elements to interact while maintaining legal boundaries.
3. In many countries, judicial review acts as a safeguard for minority rights against the tyranny of the majority by ensuring that laws do not infringe upon constitutional protections.
4. The effectiveness of judicial review can vary significantly based on a country's political culture and the independence of its judiciary.
5. Judicial review plays a critical role in interpreting constitutional provisions, which can evolve over time as societal values change.

Review Questions

• How does judicial review contribute to the concept of a mixed constitution?
  • Judicial review enhances the concept of a mixed constitution by allowing an independent judiciary to check and balance the powers of legislative and executive branches. This process ensures that laws align with constitutional principles and do not infringe upon individual rights. By maintaining this oversight, judicial review fosters a political environment where different forms of governance can coexist without one overpowering the others.
• Discuss the implications of judicial review on individual rights and the rule of law in a mixed constitution.
  • Judicial review has significant implications for individual rights and the rule of law within a mixed constitution. It empowers courts to protect citizens against arbitrary actions by the government, ensuring that laws adhere to constitutional standards. This process reinforces the rule of law by holding all branches accountable, thereby preserving democratic values and promoting justice within society.
• Evaluate how historical cases of judicial review have shaped modern understandings of constitutional authority and governance.
  • Historical cases like Marbury v. Madison have profoundly influenced modern interpretations of constitutional authority and governance. These cases established judicial review as a fundamental principle, affirming that courts possess the authority to invalidate unconstitutional actions. This shift not only clarified the roles and limits of government branches but also set a precedent for how courts interpret constitutional provisions, affecting contemporary legal frameworks and shaping societal values regarding justice and fairness in governance.

Related terms

Constitutionalism:

The principle that government authority is derived from and limited by a constitution, which outlines the powers and limitations of different branches.

Separation of Powers:

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Checks and Balances: A system that ensures that no one branch of government becomes too powerful by giving each branch some measure of influence over the other branches.