Judicial Review: Upholding The Constitution's Principles And Values

Judicial review is a fundamental principle of the US system of government, which holds that the judiciary can review and invalidate the actions of the executive and legislative branches if they are found to be unconstitutional. This power is derived from Article III and Article VI of the US Constitution, which establishes the federal judiciary and outlines its powers. Judicial review plays a crucial role in maintaining a system of checks and balances, ensuring that each branch of government recognises the limits of its power and acts within the framework of the Constitution. While the term is often used interchangeably with constitutional review, judicial review also refers to the review of administrative agency actions against standards of reasonableness and abuse of discretion. The Supreme Court, as the highest court in the US, is the final arbiter of judicial review, with the power to strike down laws that violate the Constitution and protect civil rights and liberties.

Explore related products

The People Themselves: Popular Constitutionalism and Judicial Review

$45.51 $48.99

Democracy and Distrust: A Theory of Judicial Review (Harvard Paperbacks)

$27.77 $36

The Rise of Modern Judicial Review: From Judicial Interpretation to JudgeMade Law,

$63 $63

Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review

$25.58 $37.99

Marbury v. Madison : The Origins and Legacy of Judicial Review

$29.99 $99.99

Judicial Review in an Objective Legal System

$34.38 $45

The Supreme Court's role in judicial review

The Supreme Court is the highest court in the United States, and its role in judicial review is significant. The power of judicial review allows the Supreme Court to determine the legitimacy of acts of the executive and legislative branches of the government, ensuring that they adhere to the principles outlined in the Federal Constitution. This authority, established through the Constitution's supremacy clause, empowers the Court to strike down laws that violate constitutional rights and liberties, thereby safeguarding them.

The Supreme Court's power of judicial review was asserted in the landmark case of Marbury v. Madison (1803) by Chief Justice John Marshall. In this case, the Court established its authority to strike down acts of Congress that were deemed contrary to the Constitution. This precedent set a crucial doctrine, reinforcing the Court's ability to act as a check on the legislative and executive branches, ensuring they operate within the boundaries set by the Constitution.

The Supreme Court's discretionary power in choosing which cases to hear is outlined in the Certiorari Act of 1925. The Court receives thousands of petitions for a writ of certiorari annually, carefully selecting the cases it will review. This discretion allows the Court to focus on cases with significant constitutional implications, shaping the legal landscape through its decisions.

The constitutional system of government

Judicial review is a process by which the judiciary, or the courts, can examine the actions and decisions of the executive and legislative branches of government to ensure they comply with the constitution. This review process allows the judiciary to interpret laws and executive actions in light of the Constitution, striking down those that are deemed unconstitutional. This power is not explicitly mentioned in the US Constitution but is derived from its Article III and Article VI, which establish the federal judiciary and the Constitution as the supreme law of the land, respectively.

The role of the Supreme Court in the United States is crucial to the process of judicial review. As the highest court in the land, it serves as the final arbiter of justice and plays a vital role in maintaining the balance of power between the different branches of government. The Supreme Court's power of judicial review enables it to declare legislative or executive acts unconstitutional, ensuring that each branch recognises the limits of its authority. This power was famously exercised in the case of Marbury v. Madison, where the Supreme Court, led by Chief Justice John Marshall, struck down an act of Congress as inconsistent with the Constitution.

The impact of judicial review extends beyond the US as well. After World War II, the influence of US constitutional ideas led many countries to adopt judicial review as an essential element of democratic government. This recognition stemmed from the belief that a concentration of power in the executive, unchecked by other branches, contributed to the rise of totalitarian regimes in the lead-up to World War II. Today, over 100 countries have incorporated judicial review into their constitutions, albeit with variations in its implementation.

In conclusion, the constitutional system of government relies on mechanisms like judicial review to uphold the principles of democracy and protect the rights of citizens. By empowering the judiciary to review the actions of the executive and legislative branches, judicial review helps maintain a delicate balance of power and ensures that the changing views of the majority do not undermine the fundamental values enshrined in the Constitution.

The limits of each branch's power

Judicial review is a fundamental principle of the US system of government, which holds that the judiciary has the authority to determine the legitimacy of the acts of the executive and legislative branches. This power is derived from Article III and Article VI of the US Constitution, which establishes the federal judiciary and outlines its powers.

The Supreme Court's power of judicial review is not expressly mentioned in the Constitution, but it is implied by the requirement that all laws passed in the United States must conform to the Federal Constitution. This is further supported by the supremacy clause of the Constitution, which establishes the Constitution as the supreme law of the land. The Court's role is to interpret the Constitution and ensure that the other branches of government abide by it, acting as a check on their power and protecting civil rights and liberties.

The Supreme Court's appellate jurisdiction allows it to hear cases on appeal that involve points of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Court has discretion over whether to hear a case, and it agrees to review around 100-150 of the over 7,000 cases it is asked to consider each year.

The power of judicial review is not unique to the United States, and it has been adopted in various forms by over 100 countries. While the specific systems of judicial review differ, they share the common goal of ensuring that the actions of the executive and legislative branches are subject to scrutiny and potential invalidation by an independent judiciary. This principle of checks and balances is seen as essential to democratic government.

Explore related products

Rights Reign Supreme: An Intellectual History of Judicial Review and the Supreme Court

$45.69 $49.95

Responsive Judicial Review: Democracy and Dysfunction in the Modern Age (Oxford Comparative Constitutionalism)

$27.99 $130

Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (Constitutional Thinking)

$24.57 $37.99

Marbury v. Madison: The Origins and Legacy of Judicial Review (Landmark Law Cases and American Society)

$21.95 $29.99

A Common Law Theory of Judicial Review: The Living Tree (Cambridge Studies in Philosophy and Law)

$52.25 $55

Judicial Review in New Democracies: Constitutional Courts in Asian Cases

$34.31 $53

The judiciary's power to declare laws unconstitutional

Judicial review is a fundamental principle of the US system of government, which holds that the judiciary has the authority to determine the legitimacy of the acts of the executive and legislative branches. This power of the judiciary to declare laws unconstitutional is derived from Article III and Article VI of the US Constitution. The judiciary's power to declare laws unconstitutional is based on the principle that the judiciary is the interpreter of the Constitution and is tasked with ensuring that the other branches of government abide by it.

The US Supreme Court, established by Article III of the Constitution, is the highest court in the land and has the power of judicial review. This power allows the Court to play an essential role in ensuring that each branch of government recognises the limits of its power and does not overstep its authority. The Court's decisions on judicial review are binding, and the executive and legislative branches are obligated to perform their duties in accordance with constitutional principles.

The power of judicial review was first 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 famously stated, "It is emphatically the duty of the Judicial Department to say what the law is." This case set a precedent for the Court's authority to review and invalidate acts of Congress and state laws found to be in violation of the Constitution.

While the US Supreme Court is the final arbiter of judicial review, it exercises discretion in selecting the cases it hears. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal, with the Court agreeing to review only about 100-150 cases out of the thousands it is asked to consider each year.

The influence of US constitutional ideas on other countries

The US Constitution has had a profound influence on the history of ideas and legal thinking worldwide, particularly in Latin America and Asia. Signed on September 17, 1787, it was the first national written constitution, introducing novel governmental doctrines and practices such as checks and balances, separation of powers, and federalism.

The US Constitution has influenced the constitutions of many countries, including Japan, India, Canada, Switzerland, and Australia. Several Latin American countries in the 19th and 20th centuries adopted similar constitutions and a federalist framework of government. For example, Mexican President Benito Juarez drew legal inspiration from the US Constitution due to its republican and democratic practices. Similarly, Jose Rizal of the Philippines and Sun Yat-sen of China were influenced by the US Constitution in their calls for political reform and democracy.

The US Constitution's principles of the rule of law, recognition of individual rights, and judicial review have been particularly impactful. Judicial review, as established in the US Constitution, holds that the courts have the authority to determine the legitimacy of the acts of the executive and legislative branches of the government and ensure that they adhere to constitutional principles. This power of judicial review is essential in maintaining the balance of power between the different branches of government and protecting civil rights and liberties by striking down laws that violate the Constitution.

However, the influence of the US Constitution may be waning in recent times. A review of modern constitutions suggests that the provisions of newer constitutions differ significantly from those of the US Constitution. Additionally, democratizing countries often choose more centralized models of government, such as the British Westminster system.

Frequently asked questions