For what reason can the courts review statutes?
Understand the Problem
The question asks about the reasons why courts can review statutes.
Answer
Courts review statutes to ensure they do not contradict existing laws or the Constitution, a process known as judicial review.
Courts can review statutes to determine if they contradict or violate existing law, a State Constitution, or the United States Constitution. This is known as judicial review, which ensures government branches abide by the Constitution and protects individual rights.
Answer for screen readers
Courts can review statutes to determine if they contradict or violate existing law, a State Constitution, or the United States Constitution. This is known as judicial review, which ensures government branches abide by the Constitution and protects individual rights.
More Information
Judicial review was established in the landmark Supreme Court case Marbury v. Madison (1803).
Tips
A common mistake is thinking judicial review only applies to federal laws, but it can also apply to state laws and regulations.
Sources
- Judicial review in the United States - en.wikipedia.org
- The Court and Constitutional Interpretation - Supreme Court - supremecourt.gov
- judicial review | Wex | US Law | LII / Legal Information Institute - law.cornell.edu
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