Judicial review is the power of the courts to declare a law or government action unconstitutional. This power is based on the principle of the separation of powers, which divides the functions of government among three branches: the legislative, executive, and judicial branches. The judicial branch acts as a check on the other two branches by ensuring that their actions are within the limits of the Constitution.
The concept of judicial review was established in the landmark case Marbury v. Madison (1803), in which Chief Justice John Marshall asserted that it was the duty of the courts to interpret the Constitution and strike down any laws or actions that violated it. Since then, judicial review has been an important part of American jurisprudence, allowing the courts to protect individual rights and uphold the Constitution.
Some notable examples of judicial review in action include Brown v. Board of Education (1954), in which the Supreme Court declared that segregation in public schools was unconstitutional, and Roe v. Wade (1973), in which the Court struck down state laws restricting access to abortion as violating the right to privacy.
Overall, judicial review is an important tool for ensuring that the government remains accountable to the people and operates within the bounds of constitutional law.
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