Judicial Review

Definition

Judicial review is the power of courts to assess whether a law, policy, or executive action is in compliance with the Constitution. This authority serves as a vital check on legislative and executive powers, ensuring that they do not exceed their constitutional limits.

5 Must Know Facts For Your Next Test

1. Judicial review was established by the Supreme Court case Marbury v. Madison in 1803, which asserted the court's role in interpreting the Constitution.
2. It allows the judiciary to nullify laws or actions that are found to violate constitutional provisions, ensuring the supremacy of the Constitution.
3. Judicial review also plays a key role in protecting individual rights and liberties by allowing courts to evaluate legislative and executive actions.
4. The scope of judicial review has evolved over time, leading to significant Supreme Court cases that have defined its application and limitations.
5. Judicial review can lead to conflicts among branches of government when courts invalidate laws passed by Congress or executive actions.

Review Questions

• How did Marbury v. Madison establish the concept of judicial review, and what impact did this have on the balance of power among branches of government?
  • Marbury v. Madison established judicial review by asserting that it is the duty of the judiciary to interpret the law and determine whether laws are in accordance with the Constitution. This landmark decision significantly impacted the balance of power among branches of government by empowering the judiciary to check the actions of both Congress and the executive branch. It ensured that legislative and executive powers could be held accountable to constitutional standards, solidifying the judiciary's role as a co-equal branch of government.
• Discuss how judicial review interacts with constitutional rights and liberties, providing examples of key Supreme Court cases that illustrate this relationship.
  • Judicial review interacts closely with constitutional rights and liberties by allowing courts to protect individuals from government overreach. For example, cases like Brown v. Board of Education (1954) used judicial review to overturn state laws enforcing racial segregation, asserting that such laws violated the Equal Protection Clause. Similarly, Roe v. Wade (1973) relied on judicial review to protect a woman's right to choose regarding abortion under the right to privacy. These cases exemplify how judicial review serves as a safeguard for civil rights against potentially unconstitutional legislation.
• Evaluate the modern implications of judicial review in addressing issues such as inter-branch conflicts and constitutional crises within government.
  • Modern implications of judicial review highlight its crucial role in resolving inter-branch conflicts and constitutional crises. For instance, when executive actions are challenged in court, judicial review determines their legality, influencing political dynamics significantly. Cases like United States v. Nixon (1974) showcased how judicial review can limit presidential power by affirming that no one is above the law. Additionally, during constitutional crises, such as disputes over election results or legislative authority, judicial review can provide clarity and maintain order by interpreting constitutional principles amid chaos.

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 invalid.

Separation of Powers:

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

Precedent: A legal principle established in a previous case that is binding or persuasive in future cases with similar issues.