What Is Judicial Review? on What Constitutional Basis Do Courts

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The Answer is Judicial review is the power of courts to assess whether a law, policy, or executive action is in compliance with the constitution of the jurisdiction. When courts engage in judicial review, they evaluate whether the actions of the legislative and executive branches are constitutional. This process serves as a fundamental mechanism for maintaining the rule of law and ensuring that all branches of government operate within the limits set by the constitution.

The constitutional basis for the power of judicial review varies by country, as it depends on each nation's legal system and constitutional framework. In the United States, for example, the power of judicial review is not explicitly stated in the Constitution. However, it has been established as a key principle of constitutional law through historical practice and precedent.

The most famous case establishing the power of judicial review in the United States is Marbury v. Madison (1803). In this landmark decision, Chief Justice John Marshall asserted that it is "emphatically the province and duty of the judicial department to say what the law is." The Supreme Court declared that when there is a conflict between the Constitution and an act of the legislature, the Constitution must prevail. The Court reasoned that the Constitution is the supreme law of the land, and it is the judiciary's role to interpret what the Constitution means.

In other countries, the power of judicial review may be explicitly provided for in the constitution or statutory law. For example, the Basic Law of Germany and the Constitution of India both explicitly grant the power of judicial review to their respective constitutional courts.

The exercise of judicial review is a critical aspect of constitutional governance as it provides a check on the powers of the legislative and executive branches, ensuring that they do not overstep their constitutional boundaries. It also protects individual rights by ensuring that laws and government actions that violate constitutional principles can be challenged and struck down in court.

What Is Judicial Review? on What Constitutional Basis Do Courts

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