Eleanor Finch
Judicial review is a crucial aspect of constitutional democracy, as it empowers the judiciary to scrutinize the actions of the executive and legislative branches, ensuring they act within the bounds of the constitution. This mechanism, established in the United States through the landmark case of Marbury v. Madison, allows courts to declare laws or actions that violate constitutional provisions null and void. Judicial review acts as a check against potential abuses of power by the government, safeguarding the rights of minorities and upholding the rule of law. While the specific implementation varies across countries, the concept has been adopted by several constitutional democracies worldwide, contributing to a system of checks and balances and preventing the concentration of power in a single branch of government.
| Characteristics | Values |
|---|---|
| Judicial review is the power of an independent judiciary or courts of law | The power to determine whether the acts of other components of the government are in accordance with the constitution |
| Judicial review is a check on the legislative and executive branches of government | It prevents them from exceeding the limits set by the constitution |
| Judicial review is a means to protect the rights of minorities against the threat of oppression by a tyrannical majority | It acts as a safeguard against the effects of occasional ill humours in society |
| Judicial review is an essential part of constitutional democracy | It is a system of constitutional checks and balances, an essential element of democratic government |
| Judicial review is a way to hold government accountable | It ensures that the government abides by the constitution |
| Judicial review is a way to resolve issues pertaining strictly to statutory interpretation | It is separate from the adversarial process in which a case is brought to court by a prosecutor or someone filing suit against another party |
| Judicial review is a way to maintain the rule of law | It is used in countries without a written constitution, through a democratic political process, especially elections |
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What You'll Learn
Judicial review upholds the rights of minorities
Judicial review is an essential part of constitutional democracy. It is the power of an independent judiciary or courts of law to determine whether the acts of other components of the government are in accordance with the constitution. It is not mentioned in the US Constitution but is implied in Articles III and VI. Judicial review is important as it upholds the rights of minorities, ensures that each branch of government recognizes the limits of its power, and protects civil rights and liberties.
In a constitutional democracy, judicial review is a check on the power of the majority. It ensures that the rights of minorities are not trampled by the tyranny of the majority. Those without political power can turn to the judiciary for protection. For example, in the United States, the Supreme Court has played a crucial role in upholding the rights of racial minorities, as in the case of Brown v. Board of Education, which ended segregation in public facilities.
The Supreme Court has also struck down laws that infringe on the right to travel, such as in the case of a California law that provided lower welfare benefits to individuals from other states. The Court found that the state had violated the right to travel, which is guaranteed under the Constitution. Judicial review is essential to ensure that state and local governments comply with the Constitution and protect the rights of their citizens, including minorities.
In some countries, such as France, Germany, New Zealand, and South Africa, only specialized constitutional courts can hear claims of unconstitutionality. In the United States, all courts have the power to entertain such claims. Judicial review is a powerful tool to protect minority rights, and its absence can have disastrous consequences, as seen in the rise of totalitarian regimes in pre-World War II Germany and Japan, where government power was concentrated in the executive with little checks and balances.
While some critics argue that judicial review is anti-democratic as it empowers unelected judges to overrule elected officials, this criticism is based on a simplistic definition of democracy as majority rule. The enforcement of the Constitution is necessarily anti-majoritarian, and judicial review plays a crucial role in upholding the rights and freedoms of all citizens, especially those of minorities.
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It ensures the government is held accountable
Judicial review is a fundamental principle of the US system of government, and it is also practised in other constitutional democracies around the world. It is the power of an independent judiciary or courts of law to determine whether the acts of other components of the government are in accordance with the constitution.
Judicial review ensures the government is held accountable by allowing the Supreme Court to take an active role in ensuring that the other branches of government abide by the Constitution. The Supreme Court can review acts of Congress and determine whether they are unconstitutional. This power to force actions of government officials goes above and beyond anything mentioned in Article III of the Constitution, which outlines the powers and duties of the judicial branch.
The concept of judicial review was created during the founding of the United States and was specifically included in the constitutional governments of some of the 13 original American states, such as Massachusetts, New Hampshire, and New York. Judicial review is not mentioned in the US Constitution, but most constitutional experts claim that it is implied in Articles III and VI of the document.
The first American decision to recognize the principle of judicial review was Bayard v. Singleton, decided in 1787 by the Supreme Court of North Carolina's predecessor. The North Carolina court and its counterparts in other states treated state constitutions as statements of governing law to be interpreted and applied by judges. Several state court cases involving judicial review were reported in the press and produced public discussion and comment. Notable state cases involving judicial review include Commonwealth v. Caton (Virginia, 1782), Rutgers v. Waddington (New York, 1784), and Trevett v. Weeden (Rhode Island, 1786).
In the 20th century, judicial review was incorporated into constitutional democracies around the world. In most other democracies, a special constitutional court, whose sole function is to consider the constitutionality of government actions, exercises constitutional review.
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Judicial review is an essential part of the US constitutional democracy
Judicial review is an essential part of US constitutional democracy. It is the power of an independent judiciary or courts of law to determine whether the acts of other components of the government are in accordance with the constitution. Any action that conflicts with the constitution is declared unconstitutional and therefore nullified. This is an important check on the legislative and executive branches of government, ensuring they do not exceed the limits set by the constitution.
The concept of judicial review was created during the founding of the United States and was specifically included in the constitutional governments of some of the 13 original American states, such as Massachusetts, New Hampshire, and New York. Judicial review is not mentioned in the US Constitution, but most constitutional experts claim that it is implied in Articles III and VI of the document. Article III states that the federal judiciary has the power to make judgments in all cases pertaining to the Constitution, statutes, and treaties.
The first American decision to recognize the principle of judicial review was Bayard v. Singleton, decided in 1787 by the Supreme Court of North Carolina's predecessor. The North Carolina court and its counterparts in other states treated state constitutions as statements of governing law to be interpreted and applied by judges. Several state court cases involving judicial review were reported in the press and produced public discussion, including Commonwealth v. Caton (Virginia, 1782), Rutgers v. Waddington (New York, 1784), and Trevett v. Weeden (Rhode Island, 1786).
The power of judicial review was established in the landmark decision of Marbury v. Madison in 1803, the first Supreme Court decision to strike down an act of Congress as unconstitutional. Chief Justice Marshall famously stated: "It is emphatically the province and duty of the Judicial Department to say what the law is...If two laws conflict with each other, the courts must decide on the operation of each. So, if a law be in opposition to the Constitution... the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty."
Judicial review is an important means to protect the rights of minorities against the threat of oppression by a tyrannical majority acting through its representatives in government. After World War II, many countries felt strong pressure to adopt judicial review, influenced by US constitutional ideas, particularly the idea that a system of constitutional checks and balances is an essential element of democratic government.
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It is an important check on the legislative and executive branches
Judicial review is an important check on the legislative and executive branches of government. It is a key feature of constitutional democracy, allowing courts to examine the actions of the legislative and executive branches to ensure they are acting within the constitution. This power enables the judiciary to act as a check on these branches, preventing them from exceeding the limits set by the constitution and protecting citizens' rights.
The concept of judicial review was established during the founding of the United States and has since been incorporated into constitutional democracies worldwide. While the term "judicial review" is not explicitly mentioned in the U.S. Constitution, most constitutional experts believe it is implied in Articles III and VI. These articles vest the federal judiciary with the power to make judgments in cases pertaining to the Constitution, statutes, and treaties.
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. The North Carolina court and its counterparts in other states applied their state constitutions as the fundamental law, interpreting and enforcing it over acts of the legislature that were inconsistent. Notable early state cases involving judicial review include Commonwealth v. Caton (Virginia, 1782), Rutgers v. Waddington (New York, 1784), and Trevett v. Weeden (Rhode Island, 1786).
The landmark case of Marbury v. Madison in 1803 further solidified the power of judicial review. In this case, Chief Justice John Marshall proclaimed: "It is emphatically the province and duty of the Judicial Department to say what the law is... If a law be in opposition to the Constitution, the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty." This established the principle that no law or action can contradict the U.S. Constitution, which is the supreme law of the land.
Judicial review serves as a crucial check on the legislative and executive branches, ensuring that their actions are consistent with the constitution and protecting the rights of citizens. It allows the judiciary to invalidate laws or actions that violate constitutional provisions, thereby limiting the power of the legislative and executive branches and safeguarding against potential abuses of power.
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Judicial review is a means to invalidate unreasonable actions
Judicial review is a fundamental principle in the US system of government, which holds that the actions of the executive and legislative branches are subject to scrutiny and possible invalidation by the judiciary. This power of the judiciary to nullify unreasonable actions is an essential safeguard in a constitutional democracy, as it ensures that the government remains bound by the limits set by the constitution.
The power of judicial review allows the Supreme Court to actively ensure that the other branches of government abide by the constitution. While the US Constitution does not explicitly mention judicial review, the authority for it has been inferred from its structure, provisions, and history. 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.
The concept of judicial review was already established at the time of the Founding of the United States, and it was specifically included in the constitutional governments of some of the original 13 American states, such as Massachusetts, New Hampshire, and New York. Judicial review was also familiar to the framers of the Constitution, with several instances of state court invalidation of state legislation as inconsistent with state constitutions.
The landmark case of Marbury v. Madison in 1803 established the power of judicial review at the federal level. In this case, Chief Justice John Marshall famously stated:
> It is emphatically the province and duty of the Judicial Department to say what the law is…If two laws conflict with each other, the Courts must decide on the operation of each. So, if a law be in opposition to the Constitution… the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
The power of judicial review is a means to invalidate unreasonable actions and protect the rights of minorities against the threat of oppression by a tyrannical majority. It serves as a check on the legislative and executive branches, ensuring that they do not exceed the limits set by the constitution.
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Frequently asked questions
Judicial review is the power of an independent judiciary or courts of law to determine whether the acts of other components of the government are in accordance with the constitution.
Any action that conflicts with the constitution is declared unconstitutional and therefore nullified. Thus, the judicial department of government may check or limit the legislative and executive departments by preventing them from exceeding the limits set by the constitution.
Judicial review is important in a constitutional democracy because it helps to protect the rights of minorities against the threat of oppression by a tyrannical majority. It also ensures that the legislative and executive branches of government are held accountable to the people.
Judicial review is used in several constitutional democracies around the world, including the United States, Germany, South Korea, Spain, France, Italy, India, Japan, and Pakistan. However, it is not practiced in all democracies, such as the Netherlands and Great Britain, where the rule of law is maintained through the democratic political process, especially elections.
