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Judicial Review: Safeguarding Constitutional Balance
Judicial review is a cornerstone of modern democracies, serving as a crucial mechanism for upholding the supremacy of the constitution and ensuring a system of checks and balances. It empowers the judiciary to review and assess the constitutionality of laws, executive actions, and governmental policies. In essence, it enables the courts to determine whether these actions align with the principles and provisions laid out in the constitution.
In democratic nations, judicial review plays a pivotal role in restraining potential abuses of power by the legislative and executive branches. Through this process, the judiciary acts as a guardian of constitutional principles, protecting individual rights and liberties against governmental overreach. The power of judicial review is not only a legal concept but a fundamental aspect of constitutional governance, promoting fairness, justice, and the rule of law.
The concept of judicial review allows the courts to interpret and apply constitutional provisions, ensuring that governmental actions do not violate the fundamental rights and freedoms enshrined in the constitution. It acts as a safeguard against unconstitutional legislation or executive orders, reinforcing the idea that no entity, including the government, is above the law. Judicial review, therefore, is a vital tool in preserving the delicate balance between the branches of government and upholding the principles of constitutionalism in democratic societies.