What is judicial review?
the power of federal courts to declare unconstitutional and acts/laws made by the other two branches of government
Judicial review refers to the power of a court – specifically, an appellate court – to review and potentially invalidate decisions made by lower courts, administrative agencies, or other government bodies. This process allows the court to determine whether these decisions are consistent with applicable laws, regulations, or constitutional provisions.
The concept of judicial review is based on the principle of separation of powers, which holds that the judiciary, as an independent branch of government, has the authority to interpret the law and hold the other two branches of government (the legislative and executive branches) accountable if they violate it. In the United States, the power of judicial review is not explicitly mentioned in the Constitution, but it has been established through a series of landmark cases, including Marbury v. Madison (1803), which is often cited as the seminal case on the topic.
Overall, the power of judicial review is essential to ensuring that government actions are consistent with established legal and constitutional principles, and that individual rights are protected.
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