Introduction to Judicial Review
Judicial review refers to the power of a court to review the actions of a government entity or official and determine whether they are constitutional. This authority is often seen as a critical aspect of the separation of powers in a democracy, as it allows the judiciary to hold the executive and legislative branches accountable for their decisions.
How Judicial Review Works
When a court engages in judicial review, it examines the actions of a government body to determine if they are in line with the constitution. If the court finds that a law or action is unconstitutional, it can declare it null and void and invalidate it. This power gives the judiciary the ability to protect individual rights and ensure that the government operates within the bounds of the constitution.
Examples of Judicial Review
One of the most famous examples of judicial review is the 1803 case of Marbury v. Madison in the United States. In this case, the Supreme Court ruled that it had the power to review acts of Congress and invalidate them if they were found to be unconstitutional. This decision established the principle of judicial review in the United States.
Case Studies
In another well-known case, Brown v. Board of Education in 1954, the Supreme Court used judicial review to declare that state laws establishing separate schools for black and white students were unconstitutional. This decision led to the desegregation of schools in the United States and was a significant victory for civil rights.
Statistics on Judicial Review
According to a study by the Brennan Center for Justice, the Supreme Court of the United States has overturned over 100 laws passed by Congress since World War II through the power of judicial review. This shows the significant impact that the judiciary can have on the legislative branch through its authority to declare laws unconstitutional.
Conclusion
Judicial review plays a crucial role in upholding the rule of law and ensuring that the government operates within the limits set by the constitution. By providing a check on the actions of the executive and legislative branches, the judiciary helps to safeguard individual rights and maintain the balance of power in a democratic society.
