Define: Judicial Review

Judicial review is a legal process through which courts review the actions of government entities, including legislative and executive branches, to determine whether they are consistent with the constitution, laws, or legal principles. In judicial review, courts assess the legality, constitutionality, and procedural fairness of government actions, regulations, laws, or decisions to ensure they adhere to established legal standards. This process allows courts to invalidate or strike down laws, regulations, or government actions that are found to be unconstitutional, unlawful, or in violation of legal principles. Judicial review serves as a check on government power, ensuring that government actions comply with the rule of law and protecting individual rights and liberties. It is a key component of the separation of powers doctrine and the rule of law in democratic societies.

Judicial review is the process where the courts can review the actions of other branches of the Federal Government and declare their actions unconstitutional. Examples of issues which can be reviewed include laws, treaties, policies or executive orders relevant to cases before the court.

The Supreme Court of the United States spends much, if not most, of its time on hearing cases wherein the constitutionality of a law or regulation is challenged, but experts of the constitution argue the states, in drafting the Constitution, did not delegate such a power to the Supreme Court, or to any branch of the government.

The Supreme Court concreted the practice of judicial review in the landmark case of Marbury v Madison in 1803. According to one source, since this time “the idea that the Supreme Court should be the arbiter of constitutionality issues has become so ingrained that most people incorrectly believe that the Constitution granted this power.”

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.