Judicial Review
Judicial Review is the power of courts to examine and potentially invalidate laws or government actions found to violate a country's constitution, serving as a significant check on legislative and executive power.
Established through a single landmark court case rather than explicit constitutional text, this power allows courts to strike down laws passed by elected legislatures, giving unelected judges significant authority over democratic governance.
Established Through Marbury v. Madison
Judicial review was significantly established in the United States through the 1803 Supreme Court case Marbury v. Madison, though the power was not explicitly stated in the original Constitution.
Courts Reviewing Government Actions
Judicial review grants courts the authority to examine laws and government actions, potentially invalidating those found to violate constitutional principles.
A Significant Check on Other Branches
The power serves as a significant check on both legislative and executive authority, allowing courts to prevent government actions that exceed constitutional limits.
Ongoing Debates About Judicial Power
Judicial review remains subject to ongoing debate regarding the appropriate scope of unelected judicial authority relative to democratically elected legislative and executive branches.
