Judicial review is a key tenet of our modern justice system, whereby the judiciary uses its power to review laws and executive acts. This article will look at its definition, the turning point in its history and its impact on our society.
Judicial review is the power of a court to review and interpret laws, as well as to decide whether a law or governmental action is unconstitutional. This power is seen in many countries and usually is delegated to the highest court in the country. In the United States, judicial review was established by the Supreme Court in 1803 with the landmark case Marbury v. Madison.
In essence, judicial review is a form of checks and balances in the government where the judiciary uses judicial review power to evaluate laws and actions, checking to see if they are constitutional. This power serves two primary functions; first, it allows the court to determine whether or not new laws violate existing constitutional principles, and second, it allows the court to interpret the laws and determine their meaning.
There are several important considerations when it comes to judicial review. First, the court must have the authority to hear cases pertaining to the constitutionality of legislation. Second, the court must be independent from other branches of government so that the judges may act impartially and with complete autonomy. Finally, the court must have exclusive or sole power to declare laws unconstitutional, as this power cannot be shared with other branches of government.
Judicial Review has been an important part of the American judicial system since the country’s early history. The concept dates back to 1803, when the U.S. Supreme Court established its power to review laws passed by Congress in the case Marbury v. Madison. In this case, Chief Justice John Marshall argued that the power of the Supreme Court to declare laws unconstitutional was implied by the Constitution. Thus, Judicial Review was born.
From that point on, the power of Judicial Review has been used as a means for the Supreme Court to exercise its authority in ensuring that legislation passed by Congress is constitutional. This includes overturning laws that are found to either violate the US Constitution or contradict with court precedent.
Since Marbury v. Madison, Judicial Review has been a key tool for maintaining the Constitutional balance of powers in the United States. It has also become a means for the Supreme Court to protect individual rights against the power of the government and other forms of abuse. As such, Judicial Review serves a vital role in preserving the fundamental rights of citizens.
The impact of judicial review has been immense in shaping the legal landscape of the United States. By granting courts the power to review the laws and actions of the other branches of government, judicial review has enabled the judiciary to become a check on the power of the executive and legislative branches. The courts are able to invalidate laws they find unconstitutional, thereby protecting the rights of individuals. This power has been instrumental in protecting minorities in the United States, and it has provided an arena for citizens to seek justice when traditional avenues of recourse have failed them.
Judicial review also has implications for the federal system of government. By allowing courts to strike down state laws that conflict with the Constitution or federal law, judicial review helps ensure uniformity in our country. It has been invaluable in ensuring the consistent application of constitutional principles and has played a critical role in establishing a baseline of respect for the rule of law throughout our nation.
Finally, judicial review allows for the possibility of judicial creativity. By allowing courts to interpret the Constitution and its amendments broadly, it provides them with the opportunity to provide unique solutions to complex legal cases. This flexibility allows our legal system to be adaptive and evolving in order to keep up with changing times. In this way, judicial review has enabled the courts to respond to new legal issues and remain relevant in providing justice.