what is judicial review

1 year ago 74
Nature

Judicial review is a process under which executive, legislative, and administrative actions are subject to review by the judiciary. It is the power of the courts of law to determine whether the acts of other components of the government are in accordance with the constitution. The concept of judicial review was created during the founding of the United States and specifically included in the constitutional governments of some of the 13 original American states. The text of the Constitution does not contain a specific provision for the power of judicial review, but most constitutional experts claim that it is implied in Articles III and VI of the document. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. A court with authority for judicial review may invalidate laws, acts, and governmental actions that are incompatible with a higher authority. Judicial review is one of the checks and balances in the separation of powers.