Judicial Review
Allows the court to determine the constitutionality of laws
Judicial review refers to the power of the judiciary to review and declare the constitutionality of legislative and executive actions. It is a key concept in constitutional law and serves as a check on the other branches of government.
In the United States, the power of judicial review comes from the Supreme Court’s landmark decision Marbury v. Madison (1803). In this case, Chief Justice John Marshall held that the Constitution grants the Supreme Court the power to strike down laws that are unconstitutional.
Judicial review is an important safeguard against government abuse of power. It ensures that laws and policies comply with the Constitution and protects individual rights from infringement by the government. However, it can also be controversial, as some argue that unelected judges should not have the power to overrule the will of elected representatives.
Overall, judicial review is a crucial component of American democracy, and its proper use is essential for protecting individual rights and upholding the rule of law.
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