Judicial review allows courts to assess whether government actions comply with a constitution. It is an important way to maintain constitutional limits and protect the constitution’s status as supreme law. This lesson explains how judicial review works, who and what it can reach, and why courts do not invalidate government action frequently.
Judicial review is the process of examining government laws or actions to determine whether they comply with the constitution. It can check the work of other branches and, in the United States, applies to government at all levels.
All flashcards
What is judicial review?
Judicial review assesses laws or government actions to determine whether they comply with a constitution.
What is the US presumption of constitutionality?
Government actions brought before a court are generally treated as constitutional unless a constitutional violation is established; the degree of deference can vary.
What does constitutional supremacy mean in the US system?
The Constitution is the supreme law, so government branches and levels must act consistently with it; judicial review helps enforce that requirement.
Why is it misleading to say that judicial review routinely overturns laws?
From 1954 to 2002, the Supreme Court held 103 of 15,817 congressional laws and 452 of more than one million state laws unconstitutional.
What is parliamentary sovereignty?
It is the principle that Parliament is the supreme lawmaker; courts cannot override an Act of Parliament by declaring it unconstitutional.
Quiz questions
Which body reviews acts of Parliament in France before they are enacted?Answer: The Constitutional Council.
Why might courts examine some government actions restricting personal liberty more closely?Answer: Postwar protections for individual and civil rights made some restrictions more likely to receive close scrutiny.
What do the figures on laws struck down by the US Supreme Court mainly demonstrate?Answer: Only a small proportion of the federal and state laws cited were held unconstitutional.
What did the UK Supreme Court rule about the prime minister's 2019 decision to prorogue Parliament?Answer: The executive action was unlawful; the ruling did not invalidate an Act of Parliament.
What does parliamentary sovereignty mean in the UK example?Answer: Parliament is the supreme lawmaker, and courts cannot invalidate its Acts as unconstitutional.
Based on Introduction to Political Science by Mark Carl Rom, Masaki Hidaka, Rachel Bzostek Walker (OpenStax), licensed CC BY 4.0. Adapted into a summary, flashcards and quizzes.