What is judicial review?

Judicial review is fundamentally the authority of the judiciary to assess and evaluate the constitutionality of legislative and executive actions. This process allows the courts to interpret laws and determine whether they align with the constitution. If a law or action is found to violate constitutional principles, the judiciary has the power to nullify or strike it down. This mechanism serves as a critical check on the powers of the other branches of government, ensuring that no law or action can stand if it is not in accordance with constitutional mandates.

The concept of judicial review is foundational to maintaining the rule of law and upholding individual rights within the framework of government. It empowers the judiciary to ensure that all branches operate within the limits set by the constitution, thus preserving the integrity of the legal system and protecting citizens' rights from arbitrary or unlawful actions by the government. This principle emerged prominently from landmark cases in the early history of the United States, notably Marbury v. Madison, which established judicial review as a key function of the judiciary.