The Power of Judicial Review under Constitutional Law
The Power of Judicial Review under Constitutional Law
What is Judicial Review?
Judicial Review is the power of courts, especially the Supreme Court, to examine laws, executive actions, and lower court decisions to determine whether they are consistent with the Constitution. If a law or action is found to violate the Constitution, the court can declare it unconstitutional and void.
This power serves as a crucial check on the legislative and executive branches, ensuring that no law or government act exceeds constitutional limits.
Origin and Nature of Judicial Review
The U.S. Constitution does not explicitly mention judicial review.
However, judicial review is implied by the structure of the Constitution and the role of the judiciary.
The judiciary interprets the Constitution and applies it to real disputes. When there is a conflict between a law and the Constitution, the Constitution must prevail, as it is the supreme law.
Key Case Law on Judicial Review
1. Marbury v. Madison (1803)
Facts: William Marbury was appointed a justice of the peace, but his commission was not delivered before the new administration took office. He petitioned the Supreme Court to compel delivery via a writ of mandamus.
Holding: Chief Justice John Marshall declared that Marbury had a right to his commission, but the Court could not issue the writ because the section of the Judiciary Act of 1789 enabling the Court to do so was unconstitutional.
Significance:
This case established the principle of judicial review.
It confirmed that the Supreme Court has the authority to review acts of Congress and declare them unconstitutional if they violate the Constitution.
It firmly placed the judiciary as a co-equal branch of government with the power to check the legislature.
2. Fletcher v. Peck (1810)
The Court invalidated a state law that rescinded a land grant, ruling that the law violated the Contract Clause of the Constitution.
Significance: This was one of the first instances where the Supreme Court struck down a state law as unconstitutional, showing that judicial review applies to state laws as well as federal laws.
3. McCulloch v. Maryland (1819)
The Court held that Congress had implied powers under the Constitution (Necessary and Proper Clause) and that states could not tax federal institutions.
Significance: Although primarily about federal power, it affirmed the supremacy of the Constitution and federal laws, reinforcing judicial review’s role in interpreting these powers.
4. Brown v. Board of Education (1954)
The Court declared that state laws establishing racial segregation in public schools were unconstitutional as they violated the Equal Protection Clause of the Fourteenth Amendment.
Significance: Demonstrates how judicial review is used to protect constitutional rights against unjust laws, shaping societal norms and enforcing constitutional equality.
How Judicial Review Works
Case or Controversy Requirement
Courts only exercise judicial review in actual cases or controversies brought before them, not hypothetical questions.
Hierarchy
Lower courts follow the Supreme Court’s rulings on constitutionality.
If a law is declared unconstitutional, it cannot be enforced.
Limitations
Courts do not create laws but interpret the Constitution.
Judicial review respects the separation of powers but holds laws to constitutional standards.
Importance of Judicial Review
Ensures Constitutional Supremacy: The Constitution is the highest law; no law contrary to it can stand.
Protects Individual Rights against legislative or executive overreach.
Maintains Checks and Balances between branches of government.
Preserves the Rule of Law by providing a legal mechanism to resolve constitutional conflicts.
Summary
Judicial Review is the power of courts to examine and invalidate laws and government actions conflicting with the Constitution.
Established by the landmark case Marbury v. Madison.
Applied to both federal and state laws.
Essential for upholding constitutional governance and protecting rights.
Reinforces the judiciary as a co-equal branch of government.
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