Write a short note on Judicial Review.

Judicial Review: A Brief Overview

Judicial review is a fundamental legal concept that refers to the power of courts to review and potentially invalidate governmental actions, including legislation, executive orders, or administrative decisions, that are deemed unconstitutional. This process serves as a crucial mechanism to ensure the supremacy of the constitution and protect individual rights.

1. Purpose and Origin:
The concept of judicial review traces its roots to the landmark case of Marbury v. Madison (1803) in the United States. Chief Justice John Marshall articulated the principle that it is the duty of the judiciary to interpret the constitution and, if necessary, declare acts of the other branches of government unconstitutional. This decision established the foundation for the exercise of judicial review.

2. Constitutional Supremacy:
One of the core principles underlying judicial review is the concept of constitutional supremacy. In legal systems where judicial review is recognized, the constitution is considered the highest law, and any legislation or government action inconsistent with it can be subject to judicial scrutiny.

3. Protection of Individual Rights:
Judicial review plays a crucial role in safeguarding individual rights and liberties. Courts have the authority to strike down laws or actions that violate constitutionally protected rights, ensuring that the government operates within the limits set by the constitution.

4. Checks and Balances:
The concept of checks and balances is inherent in the practice of judicial review. It allows the judiciary to act as a check on the powers of the legislative and executive branches, preventing potential abuses and ensuring that government actions adhere to the principles enshrined in the constitution.

5. Types of Judicial Review:
There are different models of judicial review, varying across legal systems. In the United States, for example, the Supreme Court has the authority of both constitutional and statutory judicial review. In other jurisdictions, the scope and mechanisms of judicial review may differ.

6. Limitations and Controversies:
While judicial review is essential for upholding constitutional principles, it is not without controversies. Critics argue that unelected judges should not have the power to override democratically enacted laws. Additionally, debates arise over the proper scope of judicial review and the balance between protecting individual rights and respecting the democratic process.

7. Global Perspectives:
Judicial review is not exclusive to the United States. Many constitutional democracies around the world have adopted some form of judicial review. The European Court of Human Rights, the Indian Supreme Court, and the Canadian Supreme Court are examples of institutions that exercise judicial review in their respective jurisdictions.

8. Evolution and Adaptation:
The concept of judicial review has evolved over time and has been adapted to different legal and political contexts. Its application continues to be refined through judicial decisions, legal scholarship, and ongoing debates about the appropriate role of the judiciary in the balance of powers.

In essence, judicial review stands as a cornerstone of constitutional governance, ensuring that governmental actions align with the principles of the constitution and protect the rights of individuals within a legal framework.