In many legal systems, judicial review primarily involves the scrutiny of laws and government actions to ensure they align with the constitution. The judiciary assesses whether the legislative or executive branches have exceeded their constitutional authority or violated individual rights. This process allows courts to declare laws or actions unconstitutional and, in some cases, set legal precedents for future decisions.
The origin of judicial review is often associated with the landmark case of Marbury v. Madison (1803) in the United States, where Chief Justice John Marshall established the authority of the Supreme Court to interpret the Constitution and review the constitutionality of laws.
While judicial review is a powerful tool for protecting constitutional rights, it also raises questions about the balance of power among the branches of government. Critics argue that it might lead to an overreach by the judiciary into policy matters, while proponents emphasize its role in upholding the rule of law and ensuring government actions comply with constitutional principles. Overall, the doctrine of judicial review is a crucial aspect of constitutional governance, promoting accountability and the protection of individual liberties.
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