What is Judicial Review?
Judicial Review
Judicial Review is the process by which courts examine the actions of the executive and legislative branches to ensure they comply with the Constitution. It allows judges to invalidate laws or government actions that are found to be unconstitutional.
Overview
Judicial Review is a fundamental principle in constitutional law that empowers courts to assess whether laws and government actions align with the Constitution. This process ensures that no law or action can violate the rights and principles set forth in the Constitution. It acts as a check on the powers of the legislative and executive branches, maintaining the rule of law and protecting individual rights. The process of Judicial Review typically begins when a case is brought before a court that challenges the constitutionality of a law or government action. The court then evaluates the law against the Constitution, considering precedents and legal principles. If the court finds that the law or action is unconstitutional, it has the authority to nullify it, effectively rendering it unenforceable. A notable example of Judicial Review in action is the Supreme Court case Marbury v. Madison in 1803. This landmark decision established the principle of Judicial Review in the United States, allowing the Supreme Court to strike down laws that conflict with the Constitution. The importance of Judicial Review lies in its role in upholding the Constitution as the supreme law of the land, ensuring that all branches of government adhere to its mandates.