Judicial Review

Written by Fmi.Online Friday January 6, 2023
Judicial review is a power assigned to the judicial branch of the government to review decisions and rulings made by other branches of government or a certain lower court. It is a legal procedure where decisions or rulings are appraised by a higher judicial instance.

Explanation :

Judicial review is a core principle of the U.S. legal system. It places a proper check and balances system that enables the Supreme Court to review and rule over legislators or executives acts. The purpose of this power is to maintain constitutional order, ensuring that no law enacted by these other branches contradicts the principles established in the U.S. Constitution. This concept also applies to the different levels of the judiciary branch. A higher court can review the rulings of a lower court. This frequently takes place when a party appeals a certain ruling. On the other hand, civil courts can also review government agencies’ decisions about the application of certain legislations. Immigration cases or cases involving tax claims are common in this regard. These reviews increase the degree of fairness within the whole judicial environment and protect the population from abuses, negligence or misconduct, since everyone’s decisions can be properly scrutinized.

In a nutshell :

  • Judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution.
  •  Actions judged inconsistent are declared unconstitutional and, therefore, null and void.
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