Judicial review is the process by which the courts review the actions of the executive and legislative branches of government to ensure that they are constitutional. The spelling of "judicial review" is represented in phonetic transcription as /dʒʊˈdɪʃəl rɪˈvjuː/ - the first syllable is pronounced like "juice," the second like "diss," the stress is on the second syllable in "judicial," and the stress is on the first syllable in "review." Proper spelling is crucial for legal professionals and students of law to ensure accurate and clear communication in the field.
Judicial review is a legal process through which a court or judicial body examines the constitutionality and legality of laws, acts, regulations, and government decisions. It is the authority of a court to determine the validity and enforceability of such actions taken by the executive or legislative branch. Judicial review allows the judiciary to act as a check and balance on the other branches of government, ensuring that they do not exceed their powers or violate the principles and provisions of the constitution.
This process involves a careful examination and analysis of the law or action in question to determine whether it aligns with the standards and principles set forth in the constitution. The court evaluates whether the legislative or executive action is consistent with the powers granted to the respective branches under the constitution. If the court finds that a law or action is unconstitutional, it can declare it null and void or order the government to remedy the violation.
In many democratic systems, including that of the United States, judicial review has become a crucial mechanism for upholding the fundamental rights and liberties enshrined in the constitution. This practice enables the judiciary to safeguard the rule of law and ensure that the government operates within the boundaries prescribed by the constitution. Judicial review plays a vital role in maintaining the balance of powers and protecting individual rights and freedoms in a democratic society.
The term "judicial review" originated in the United States and its etymology can be traced back to its usage by Chief Justice John Marshall in the landmark Supreme Court case Marbury v. Madison in 1803. The word "judicial" comes from the Latin word "judicialis", which means "of or belonging to a court of justice". The word "review" comes from the Middle French word "revue", meaning "survey" or "examination". So, combining these roots, "judicial review" refers to the power of the courts to review and examine the constitutionality of laws and actions taken by the legislative and executive branches of government.