Judicial review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with judicial review power may invalidate government actions, laws, and decisions that are incompatible with a higher authority, such as the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.

Origins

The idea of judicial review was first introduced by the American jurist Edward Coke, in the case of Dr. Bonham's Case, where he stated that a law passed by the parliament may not be binding if it conflicts with the law of the land, which was regarded as a precursor to the concept of judicial review. The concept was later adopted in the United States, most famously in the case of Marbury v. Madison, which led to the widespread acceptance and implementation of judicial review.

Around the world

Judicial review is a fundamental aspect of constitutional law in many modern democracies. In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary. In India, the world's largest democracy, the Supreme Court of India has the power of judicial review, both on constitutional grounds and also on the grounds of 'judicial overreach'.

See also

• Constitutional law
• Separation of powers
• Rule of law
• Judicial activism
• Judicial restraint

References

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