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HomeHomework Helppolitical-scienceJudicial Review Basics

Judicial Review Basics

Judicial Review in Action' refers to the process by which courts examine the actions of legislative and executive branches to determine their constitutionality, ensuring that laws and policies comply with established legal principles and protecting individual rights. This mechanism serves as a check on governmental power, maintaining the rule of law within a democratic system.

intermediate
2 hours
Political Science
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Overview

Judicial review is a fundamental principle in the U.S. legal system that empowers courts to evaluate the constitutionality of laws and government actions. Established by the landmark case Marbury v. Madison, it serves as a crucial check on the powers of the legislative and executive branches, ensuri...

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Key Terms

Constitution
The fundamental principles or established precedents according to which a state is governed.

Example: The U.S. Constitution outlines the structure of government.

Supreme Court
The highest federal court in the United States, which has the ultimate authority on constitutional matters.

Example: The Supreme Court ruled on the constitutionality of the Affordable Care Act.

Precedent
A legal decision that serves as an example or rule for future cases.

Example: The ruling in Roe v. Wade set a precedent for abortion rights.

Judicial Activism
Judicial rulings suspected of being based on personal or political considerations rather than existing law.

Example: Some critics argue that certain Supreme Court decisions reflect judicial activism.

Judicial Restraint
The principle that courts should not interfere with the decisions of the legislative and executive branches.

Example: Judicial restraint advocates argue that courts should defer to elected officials.

Civil Rights
The rights of citizens to political and social freedom and equality.

Example: Judicial review has played a crucial role in advancing civil rights in the U.S.

Related Topics

Constitutional Amendments
Study the changes made to the Constitution and their implications.
intermediate
Civil Liberties
Explore the rights and freedoms guaranteed to individuals.
intermediate
Separation of Powers
Understand the division of government responsibilities into distinct branches.
intermediate

Key Concepts

ConstitutionalityCourt AuthorityChecks and BalancesLegal Precedent