What is judicial review?

Judicial review refers to the power of courts to examine the actions of the legislative and executive branches of government and determine whether those actions are consistent with the Constitution. If a law or action is found to be in violation of the Constitution, the court can declare it unconstitutional, effectively nullifying it. This power is essential for maintaining the rule of law and ensuring that no branch of government exceeds its authority.

The concept of judicial review was established in the landmark Supreme Court case Marbury v. Madison (1803), where Chief Justice John Marshall articulated the importance of the judiciary in safeguarding constitutional principles. By allowing courts to invalidate laws that conflict with the Constitution, judicial review acts as a check on the other branches of government, promoting a balance of power within the federal system.

This process does not concern the making of laws, appointing judges, or vetoing legislation, which are powers reserved for the legislative and executive branches. Hence, the definition of judicial review specifically emphasizes its role in determining the constitutionality of laws and actions.