Judicial Review Power is the authority of courts to evaluate the constitutionality of legislative acts and executive actions. This power allows the judiciary to interpret the law and ensure that no governmental body exceeds its constitutional limits. Through judicial review, courts can strike down laws and actions that violate the Constitution, acting as a check on the other branches of government and safeguarding individual rights.
5 Must Know Facts For Your Next Test
Judicial review was established in the United States through the Supreme Court's ruling in Marbury v. Madison, which set the precedent for the judiciary's role in interpreting the Constitution.
The power of judicial review is not explicitly mentioned in the Constitution, but it has been inferred from its structure and principles, particularly from Article III.
Judicial review allows courts to invalidate state laws and executive actions that are found to be unconstitutional, reinforcing the supremacy of federal law.
The Supreme Court is not obligated to exercise judicial review; it can choose which cases to hear and whether or not to strike down a law or action.
Judicial review plays a crucial role in protecting minority rights against the tyranny of the majority, as courts can uphold constitutional protections even when popular opinion favors different legislation.
Review Questions
How did Marbury v. Madison contribute to establishing judicial review in the United States?
Marbury v. Madison was a critical case that laid the foundation for judicial review in the U.S. The Supreme Court, led by Chief Justice John Marshall, ruled that it had the authority to review acts of Congress and determine their constitutionality. This decision affirmed that the judiciary has the power to invalidate laws that contradict the Constitution, thereby establishing a vital check on legislative power.
Discuss how judicial review impacts the balance of power among the branches of government.
Judicial review significantly affects the balance of power by empowering the judiciary to check legislative and executive actions. When courts evaluate laws or actions for their constitutionality, they can overturn decisions made by elected officials, ensuring adherence to constitutional principles. This creates a dynamic interplay among branches, where each must respect the limits imposed by the Constitution, thus maintaining a balance that prevents any one branch from becoming too dominant.
Evaluate how judicial review serves to protect individual rights in a democratic society.
Judicial review is essential for protecting individual rights by allowing courts to challenge laws and government actions that infringe on constitutional liberties. In a democratic society, majority rule can sometimes lead to legislation that undermines minority rights or personal freedoms. Through judicial review, courts can uphold constitutional protections against such legislative overreach, ensuring that all citizens have their rights safeguarded regardless of popular sentiment. This reinforces the importance of rule of law and civil liberties within democracy.
A landmark Supreme Court case in 1803 that established the principle of judicial review in the United States.
Constitutional Interpretation: The process by which courts determine the meaning and implications of constitutional provisions in relation to laws and government actions.
A system in which each branch of government has some measure of influence over the other branches and may choose to block procedures of the other branches, ensuring no single branch becomes too powerful.