Answer:
Explanation:
Judicial review is the power of courts to decide the validity of acts of the legislative and executive branches of government. If the courts decide that a legislative act is unconstitutional, it is nullified. The power was first asserted by Chief Justice John Marshall in 1803, in the case of Marbury v. Madison. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution.
The purpose of judicial review is for the Court to determine if the Tribunal made a legal error in your case. A judicial review has a very narrow focus – did the Tribunal make an error in law that would justify the Tribunal decision being altered or set aside?
The three principles of judicial review are as follows: The Constitution is the supreme law of the country. The Supreme Court has the ultimate authority in ruling on constitutional matters. The judiciary must rule against any law that conflicts with the Constitution.
Judicial review is the power of the courts to declare that acts of the other branches of government are unconstitutional, and thus unenforceable. ... State courts also have the power to strike down their own state's laws based on the state or federal constitutions. Today, we take judicial review for granted.
what would happen if there was no judicial review? because the constitution would be rendered unenforceable without it. if federal officials violated the constitution, the only recourse would be in the political process, a process unlikely to offer little protection to those whose rights have been violated.
Examples of Judicial Review in Practice
-
Roe v. Wade (1973): The Supreme Court ruled that state laws prohibiting abortion were unconstitutional. The Court held that a woman's right to an abortion fell within the right to privacy as protected by the Fourteenth Amendment. The Court's ruling affected the laws of 46 states.
