Judicial Review
Overview
Judicial review is the process by which a court examines the actions of a legislative, executive, or administrative body and determines their constitutionality. If the court finds that the action is unconstitutional, it has the power to strike down or overturn that action, limiting the powers of the other branches of government. This concept is a cornerstone of American government and is a key component in maintaining the balance of power between the three branches of government as established by the Constitution.
Key Themes
The concept of judicial review has its roots in the Marbury v. Madison decision of 1803, in which the Supreme Court first asserted its authority to declare an act of Congress unconstitutional. Since then, the power of judicial review has been used by courts at all levels to limit the actions of government bodies and protect individual rights. Judicial review is often cited as a significant factor in the system of checks and balances that exists between the three branches of government. It ensures that each branch operates within its constitutional boundaries and prevents any one branch from amassing too much power.
Significance
Judicial review plays a critical role in upholding the Constitution and protecting individual rights. By limiting the actions of government bodies, it helps to ensure that the laws and policies enacted by those bodies are constitutional and do not infringe upon the rights of individuals. This is particularly important in cases where the actions of the government may be at odds with the fundamental rights and freedoms guaranteed by the Constitution.
In real-world terms, judicial review has been used to strike down laws that discriminate based on race, gender, or religion, as well as laws that infringe upon freedom of speech or the press. It has also been used to limit the power of government agencies and ensure that their actions are in line with constitutional principles.
Judicial review is an important part of American government and plays a significant role in maintaining the balance of power between the three branches of government. By limiting the actions of government bodies, it helps to protect individual rights and uphold the Constitution.