What is judicial review and what are some examples?

Answer 1

Judicial review is the power of courts to assess whether a law, policy, or executive action is in accordance with the constitution. This power allows the judiciary to invalidate laws and actions deemed unconstitutional, thereby serving as a check on the legislative and executive branches of government. Judicial review is a fundamental principle in many democracies and is used to protect the rights and liberties of individuals.

Key Points of Judicial Review:

1. Constitutional Basis: In many jurisdictions, judicial review is not explicitly stated in the constitution but has been established through court decisions. In the United States, for example, the concept was solidified in the landmark case of Marbury v. Madison (1803).

2. Checks and Balances: Judicial review serves as a mechanism for ensuring that no branch of government exceeds its authority, thus maintaining the balance of power.

3. Protection of Rights: Judicial review often plays a crucial role in protecting individual rights from infringement by the government, especially in cases involving civil liberties.

Examples of Judicial Review:

1. Marbury v. Madison (1803): This is the foundational case for judicial review in the United States, where the Supreme Court, led by Chief Justice John Marshall, asserted its authority to review acts of Congress and declare them unconstitutional.

2. Brown v. Board of Education (1954): The Supreme Court ruled that state laws establishing separate public schools for black and white students were unconstitutional, overturning the precedent set by Plessy v. Ferguson (1896), which upheld racial segregation.

3. Roe v. Wade (1973): The Supreme Court recognized a woman's constitutional right to abortion, ruling that laws prohibiting it violated the right to privacy protected by the Due Process Clause of the Fourteenth Amendment.

4. United States v. Nixon (1974): The Supreme Court held that President Nixon was not above the law and had to comply with a subpoena for tapes related to the Watergate scandal, emphasizing the principle that no one is above the Constitution.

5. Obergefell v. Hodges (2015): The Supreme Court ruled that same-sex marriage is a constitutional right, invalidating state laws that explicitly banned it based on the Fourteenth Amendment's guarantees of equal protection and due process.

6. Shelby County v. Holder (2013): The Supreme Court struck down key provisions of the Voting Rights Act of 1965, challenging the formula used to determine which jurisdictions were subject to federal oversight when changing voting laws.

Judicial review remains a critical component of the legal system in many countries, as it upholds the rule of law and protects the rights of individuals against possible overreach from legislative and executive powers.