Table of Contents
Judicial review is a fundamental process in many legal systems that allows courts to evaluate the constitutionality of laws and government actions. It serves as a check on the powers of the legislative and executive branches, ensuring they comply with the constitution.
What Is Judicial Review?
Judicial review is the authority of courts to assess whether laws or executive actions are consistent with the constitution. If a law is found to be unconstitutional, courts can declare it invalid and unenforceable.
Historical Background
The concept of judicial review was established in the early 19th century, notably in the United States through the landmark case Marbury v. Madison in 1803. This case set the precedent for courts to act as guardians of the constitution.
How Courts Limit Government Power
Courts exercise judicial review by examining laws and executive actions. When they find a conflict with the constitution, they can strike down those laws or actions, effectively limiting the power of the government.
This process helps maintain the balance of power among government branches and protects individual rights from unconstitutional laws.
- Ensures laws comply with constitutional principles
- Protects individual rights and freedoms
- Maintains separation of powers
- Provides a legal check on government authority