Introduction to Judicial Review
Judicial review is the process through which the judiciary reviews the actions of the executive or legislative branches of government to ensure they are consistent with the constitution. It is a crucial aspect of the system of checks and balances in a democratic society.
Key Concepts of Judicial Review
- Constitutional Review: Courts examine the constitutionality of laws and government actions.
- Ultra Vires Review: Courts check if a government body has acted beyond its legal authority.
- Procedural Review: Courts assess if the correct procedures were followed in making a decision.
Examples of Judicial Review
One famous example of judicial review is the landmark US Supreme Court case Marbury v. Madison (1803), where Chief Justice John Marshall established the principle of judicial review in the United States. In this case, the Court asserted its power to review the constitutionality of laws and executive actions.
Case Studies of Judicial Review
In the United Kingdom, the Miller v. Secretary of State for Exiting the European Union case (2016) is a notable example of judicial review. The UK Supreme Court ruled that the government could not trigger Article 50 (Brexit process) without parliamentary approval, demonstrating the judiciary’s role in upholding the rule of law.
Statistics on Judicial Review
According to a study by the American Bar Association, judicial review cases have been steadily increasing globally over the past decade. In the US alone, the Supreme Court receives thousands of petitions for review each year, highlighting the importance of judicial review in ensuring government accountability.
