Judicial Review: Interpreting The Constitution

Judicial review is a fundamental principle of the US system of government, allowing the Supreme Court to ensure that the executive and legislative branches of government abide by the Constitution. It is not explicitly mentioned in the text of the Constitution, but the power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI. Judicial review was established in the landmark case of Marbury v. Madison, which declared that the federal judiciary is supreme in interpreting the law of the Constitution. This principle has been a feature of US constitutional law since the early 1800s and has influenced other countries, such as those in Europe and Asia after World War II, to adopt similar systems of judicial review.

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Judicial review in the US

Judicial review is a fundamental principle of the US system of government, allowing the Supreme Court to ensure that the legislative and executive branches of government abide by the Constitution. The power to declare laws unconstitutional is derived from Article III and Article VI of the US Constitution. While the text of the Constitution does not explicitly grant the power of judicial review, it is implied through these articles.

The principle of judicial review was established in the landmark case of Marbury v. Madison, where the Supreme Court struck down an act of Congress as unconstitutional. Chief Justice John Marshall stated that the courts are authorised by the Constitution to interpret and apply it, and to refuse to enforce any laws that are contrary to it. Marshall's assertion that "it is emphatically the duty of the Judicial Department to say what the law is" has been regarded as a seminal moment in the doctrine of judicial review.

The US Supreme Court has historically acknowledged that its appellate jurisdiction is defined by Congress, which may limit judicial review through jurisdiction stripping. However, the Court has rejected arguments that its power does not extend to reviewing state court decisions. In Martin v. Hunter's Lessee (1816), the Court enforced its power to review state court decisions involving the interpretation of federal law or the Constitution, citing the need for a uniform interpretation across all states.

Judicial review is not limited solely to federal actions but also extends to state actions. The Supreme Court has struck down state statutes as unconstitutional, such as in Fletcher v. Peck (1810), where a state statute was found to violate the Contract Clause of the Constitution. In some states, such as Massachusetts, the legislature or executive may refer legislation to the state court for an advisory ruling on its constitutionality before its enactment.

The first American decision to recognise the principle of judicial review was Bayard v. Singleton in 1787, decided by the Supreme Court of North Carolina's predecessor. This case, along with others like it in other states, treated state constitutions as statements of governing law to be interpreted and applied by judges.

Judicial review in other countries

Judicial review is the idea that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary. It is considered a key check on the powers of the other two branches of government by the judiciary. Judicial review is fundamental to the US system of government. However, it is also employed in other countries, albeit with some differences.

In countries with a common law system, like Australia, Canada, and the United States, judicial review is generally carried out by courts of general jurisdiction, rather than specialized courts. In the US, federal and state courts at all levels can review and declare the "constitutionality" of legislation. This is done through a process of judicial interpretation that is relevant to any case within their jurisdiction.

In contrast, some countries, like France, Germany, and South Korea, have implemented a system of administrative courts that handle disputes between the public and the administration. These courts can exercise judicial review only after a law has taken effect, and they can do so in abstract or concrete cases.

Other countries, including India, Japan, and Pakistan, have set up supreme courts to exercise judicial review in a manner similar to the United States and the British Commonwealth.

After World War II, many countries felt pressured to adopt judicial review due to the influence of US constitutional ideas, specifically the idea of checks and balances in democratic governments. This pressure led to the expansion of judicial review in countries from both civil law and common law traditions.

The Supreme Court's power

Judicial review is a fundamental principle in the US system of government. It gives the judiciary the power to review and invalidate the actions of the executive and legislative branches, ensuring they abide by the Constitution. The Supreme Court's power of judicial review is derived from Article III and Article VI of the US Constitution. While the text of the Constitution does not explicitly grant this power, it has been deemed an implied power.

In addition to reviewing federal actions, the Supreme Court's power of judicial review extends to state actions as well. This was demonstrated in Fletcher v. Peck (1810), where the Supreme Court struck down a state statute as unconstitutional due to its violation of the Contract Clause in Article I, Section 10 of the Constitution.

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The Constitution's role

The Constitution does not explicitly grant the power of judicial review. Instead, it is derived from Article III and Article VI, which outline the federal judiciary's responsibility to interpret and apply the Constitution, emphasising the voidance of laws repugnant to it. This implied power establishes the judiciary's authority to declare laws unconstitutional.

The landmark case of Marbury v. Madison in 1803, involving the Supreme Court and Secretary of State Madison, affirmed the judiciary's role in interpreting the Constitution. Chief Justice John Marshall's assertion that "a law repugnant to the Constitution is void" solidified the principle of judicial review. This case set a precedent, ensuring the federal judiciary's supremacy in interpreting the Constitution.

Judicial review also extends to state actions, as seen in Fletcher v. Peck (1810), where the Supreme Court struck down a state statute violating the Contract Clause in Article I, Section 10. Additionally, Martin v. Hunter's Lessee (1816) affirmed the Supreme Court's authority to review state court decisions involving federal law or the Constitution, ensuring uniform interpretation across states.

In summary, the Constitution empowers the judiciary to interpret and safeguard it, ensuring the government's actions align with its principles. Judicial review upholds the Constitution's supremacy, allowing the judiciary to strike down laws that conflict with it, thereby maintaining a system of checks and balances on governmental power.

The judiciary's authority

Judicial review is a fundamental principle of the US system of government. It allows the Supreme Court to play an active role in ensuring that the executive and legislative branches of government abide by the Constitution. The power to declare laws unconstitutional has been derived from Article III and Article VI of the US Constitution.

In the United States, all courts have the power to review the constitutionality of laws, but this varies in other countries. For example, in France, a constitutional council with a mixed judicial-legislative character was established, while Germany, Italy, and South Korea created special constitutional courts. The extent of judicial review also differs, with some countries allowing it only after a law has taken effect.

In summary, the judiciary's authority to exercise judicial review is based on the interpretation of the Constitution and extends to federal and state actions. It plays a crucial role in ensuring that the government abides by the Constitution and protecting citizens' rights. The extent of judicial review and the specific courts authorised to exercise it vary across different countries.

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