What is Judicial Review and Why Is It Important?
Judicial review is the power of courts, particularly higher courts such as supreme or constitutional courts, to examine and determine whether legislative acts, executive orders, or government decisions comply with the constitution or other higher laws. In essence, it serves as a mechanism to safeguard the principles of constitutional governance and maintain the rule of law, ensuring that no branch of government exceeds its constitutional limits.
The Importance of Judicial Review
The process of judicial review plays a crucial role in democratic societies. Here are the key reasons why it is important:
- It ensures checks and balances between the legislative, executive, and judicial branches of government, preventing the concentration or misuse of power.
- Judicial review protects individual rights and liberties by invalidating laws or actions that violate constitutional principles.
- It provides a framework for interpreting and updating constitutional law in response to changing societal needs.
- Through judicial review, courts can uphold the supremacy of the constitution, ensuring it remains the highest legal authority.
This process is integral to maintaining justice and fairness in a legal system. Without judicial review, unconstitutional laws or arbitrary government decisions could persist unchecked, eroding the trust and stability of the legal framework.
Judicial review is practiced in many countries, including the United States, where it was established as a precedent in the landmark case of Marbury v. Madison (1803). This case cemented judicial review as a core function of the judiciary and ensured its role as the guardian of the constitution.
Related Topics:
What Is Constitutional Law?The Importance of the Rule of Law
Key Principles of Democracy
