Judicial review

Definition

Judicial review is the power of courts to examine laws, actions, and policies of the legislative and executive branches of government and determine their constitutionality. This process ensures that no law or governmental action can supersede the Constitution, maintaining a system of checks and balances within the U.S. government.

5 Must Know Facts For Your Next Test

1. Judicial review was established in the landmark case Marbury v. Madison in 1803, setting a precedent for the power of the courts to invalidate laws that conflict with the Constitution.
2. The concept of judicial review reinforces the principle of checks and balances by allowing the judiciary to act as a check on the powers of the legislative and executive branches.
3. Not all countries have judicial review; it is a unique feature of the American legal system that distinguishes it from many other nations.
4. Judicial review can be applied to both federal and state laws, meaning that state laws must also conform to constitutional standards.
5. The use of judicial review has evolved over time, impacting significant social issues such as civil rights, abortion rights, and health care legislation.

Review Questions

• How does judicial review maintain the balance of power among the branches of government?
  • Judicial review maintains the balance of power by allowing courts to assess whether legislative and executive actions align with constitutional principles. This means that if Congress passes a law or the President enacts an action that violates the Constitution, courts can declare them unconstitutional. This power acts as a safeguard against potential abuses by other branches, ensuring that all government actions remain within constitutional limits.
• Discuss the implications of Marbury v. Madison on judicial review and its impact on American law.
  • Marbury v. Madison established the principle of judicial review in 1803 when 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 ruling set a vital precedent for judicial authority in interpreting laws and asserting checks on legislative power. Its implications extended beyond this single case, empowering courts to shape American law significantly through subsequent decisions.
• Evaluate how judicial review has influenced key social issues in U.S. history and its role in shaping public policy.
  • Judicial review has played a crucial role in shaping public policy throughout U.S. history by directly influencing key social issues like civil rights and healthcare. For example, landmark decisions such as Brown v. Board of Education invalidated segregation laws, while Roe v. Wade addressed reproductive rights. These rulings not only changed specific laws but also sparked nationwide debates and movements, illustrating how judicial review serves as both a tool for justice and a catalyst for social change.

Related terms

Constitutionality: The quality of being in accordance with the Constitution, which serves as the supreme law of the land.

Checks and Balances: A system that ensures that no one branch of government becomes too powerful by providing each branch with ways to limit the powers of the others.

Supreme Court:

The highest court in the United States, which has the ultimate authority on matters of federal law and constitutional interpretation.