Judicial Review and Constitutional Law

Study Notes

Definition:

The power of the judiciary to review and invalidate laws, government actions, or policies that violate the constitution or laws.

Key Features:

Separation of Powers: Judicial review is a crucial aspect of the separation of powers, ensuring that each branch of government stays within its constitutional limits.
Constitutional Interpretation: The judiciary has the final say in interpreting the constitution and determining the constitutionality of laws and government actions.

Types of Judicial Review:

Abstract Review: The court reviews the constitutionality of a law or policy without considering its application to a specific case.
Concrete Review: The court reviews the constitutionality of a law or policy in the context of a specific case.

Key Cases:

Marbury v. Madison (1803): Established the principle of judicial review in the United States, allowing the Supreme Court to declare a law unconstitutional.
McCulloch v. Maryland (1819): Expanded the power of judicial review, enabling the court to strike down state laws that violate the federal constitution.

Role of Judicial Review:

Protecting Individual Rights: Judicial review ensures that individual rights and freedoms guaranteed by the constitution are protected from government overreach.
Promoting Accountability: Judicial review holds the government accountable for its actions, preventing abuse of power and ensuring that it acts within the bounds of the constitution.
Maintaining Constitutional Integrity: Judicial review helps maintain the integrity of the constitution, ensuring that it remains a living document that adapts to changing societal needs.

Criticisms and Controversies:

Judicial Activism: Critics argue that judicial review gives judges too much power, allowing them to impose their personal biases and values on the law.
Political Polarization: Judicial review can be influenced by political ideology, leading to inconsistent and partisan decisions.
Limits on Democracy: Judicial review can limit the power of democratically elected governments, potentially undermining the will of the people.

Definition and Key Features*
Power of the judiciary to review and invalidate laws, government actions, or policies that violate the constitution or laws
Ensures separation of powers, preventing each branch of government from exceeding its constitutional limits
Involves constitutional interpretation, with the judiciary having the final say in determining the constitutionality of laws and government actions

Abstract review: reviews the constitutionality of a law or policy without considering its application to a specific case
Concrete review: reviews the constitutionality of a law or policy in the context of a specific case

Marbury v. Madison (1803): established the principle of judicial review in the United States, allowing the Supreme Court to declare a law unconstitutional
McCulloch v. Maryland (1819): expanded the power of judicial review, enabling the court to strike down state laws that violate the federal constitution

Protects individual rights and freedoms guaranteed by the constitution from government overreach
Holds the government accountable for its actions, preventing abuse of power and ensuring that it acts within the bounds of the constitution
Maintains the integrity of the constitution, ensuring that it remains a living document that adapts to changing societal needs

Judicial activism: giving judges too much power to impose their personal biases and values on the law
Political polarization: judicial review can be influenced by political ideology, leading to inconsistent and partisan decisions
Limits on democracy: judicial review can limit the power of democratically elected governments, potentially undermining the will of the people