Definition
Judicial review allows courts to invalidate statutes, executive actions, and lower-government decisions that conflict with the Constitution or controlling law.
Political Dictionary
Judicial Review
Judicial review is the power of courts to evaluate whether laws and government actions comply with the Constitution.
Why It Matters
It is a central check on legislative and executive power and helps protect constitutional limits and rights.
How It Works
A court hears a concrete case, interprets the relevant law, and determines whether the challenged action is valid.
History
The power was established in early constitutional practice and famously articulated in Marbury v. Madison in 1803.
Example
A court may strike down a law that violates freedom of speech.
Common Misconceptions
- Judicial review is explicitly described in one detailed constitutional clause.
- Only the Supreme Court may conduct judicial review.
- Courts may review any political dispute without a real case.
Related Terms
Related Topics
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