Judicial Review

Judicial review is the power of courts to examine laws, government actions, and administrative decisions to ensure they comply with the constitution or legal principles. This process allows courts to declare laws or executive actions unconstitutional if they violate fundamental rights, exceed legal authority, or breach procedural fairness. Judicial review plays a crucial role in maintaining the rule of law, preventing government overreach, and protecting individual rights.

There are different types of judicial review, including constitutional, administrative, and executive review. Constitutional review assesses whether laws align with a country’s constitution, while administrative review ensures that government agencies act within their legal limits. Executive review scrutinizes actions taken by the executive branch, such as presidential orders, to determine their legality. In many legal systems, higher courts, such as the Supreme Court, have the authority to overturn lower court decisions if they find errors in the application of the law.

Judicial review is a fundamental aspect of democratic governance, as it helps maintain a system of checks and balances between the branches of government. It reinforces accountability by ensuring that laws and policies respect constitutional rights and principles. While some critics argue that judicial review allows unelected judges to overrule elected officials, supporters believe it is necessary to protect individuals from government abuse and uphold justice.