Post

Created by @zaraxavier
 at October 26th 2023, 6:25:41 am.

Sure, here's a basic explanation of judicial review:

Judicial review refers to the power of courts to examine and determine whether laws or government actions are in compliance with the Constitution. This means that courts have the authority to declare a law or action unconstitutional if it violates the principles or provisions of the Constitution.

The concept of judicial review has its roots in the United States, where it was first established by the Supreme Court in the landmark case of Marbury v. Madison (1803). In this case, the Supreme Court declared that it had the power to review and invalidate any law that conflicted with the Constitution. Since then, judicial review has become an essential part of the American legal system, and has been adopted by many other countries around the world.

Judicial review plays a crucial role in ensuring that governments do not abuse their powers and that individual rights are protected. It provides a check on the legislative and executive branches of government, ensuring that they act within the limits of their constitutional authority. Through judicial review, courts can prevent laws that violate fundamental rights, such as freedom of speech or religion, from being enforced. Additionally, judicial review allows for the interpretation of laws and regulations, providing clarity and consistency in their application.