Introduction to Constitutional Law
Judicial Review is a key principle of Constitutional Law. It is the power of the courts to review and, if necessary, declare unconstitutional the actions of the legislative and executive branches of government. This power is based on the principle of constitutional supremacy, which holds that the Constitution is the supreme law of the land, and that no law or action by government officials can violate its provisions.
The concept of judicial review was first articulated in the famous case of Marbury v. Madison (1803). In that case, the Supreme Court held that it had the power to declare an act of Congress unconstitutional. This decision established the principle of judicial review and confirmed the Court's role as the final arbiter of the Constitution.
The power of judicial review is not explicitly granted to the courts in the Constitution. Instead, it was established through a process of judicial interpretation. The Supreme Court has used its power of judicial review to strike down a wide range of laws and actions by government officials at the federal, state, and local levels. Some of the most notable cases in which the Court has exercised its power of judicial review include Brown v. Board of Education (1954), which declared segregation in public schools unconstitutional, and Roe v. Wade (1973), which established a woman's right to choose to have an abortion.
Judicial review is a critical component of Constitutional Law, as it ensures that the actions of government officials are consistent with the Constitution. However, it is also a controversial principle, as some critics argue that it gives too much power to the courts, and that unelected judges should not have the authority to override the decisions of elected officials.
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