Definition of judicial review

The concept of judicial review, which empowers courts to evaluate the actions of other branches of government and declare them unconstitutional, can be traced back to the English common law tradition. During the 17th century, judges in England began interpreting statutes and constitutional documents in light of general principles of law and justice. This practice, known as "the rule of law," placed limits on the power of the monarch and the legislature, assuring that they did not act outside the bounds of the constitutional order. After the American Revolution, this common law tradition informed the development of the United States Constitution. The Founding Fathers, who were acutely aware of the excesses of the British monarchy, wrote the Constitution to safeguard the rights and liberties of citizens from government encroachment. The document contained several provisions that placed restrictions on the power of the federal government, known as "express," or "written," limits. However, the Founders also recognized that government often acted in mysterious or opaque ways that made it essential to establish a mechanism to enforce these limitations. Judicial review, therefore, emerged as a means to monitor the legislative and executive branches and to prevent them from infringing upon fundamental rights. In 1803, the U.S. Supreme Court solidified the concept of judicial review in Marbury v. Madison, a landmark decision that declared an act of Congress unconstitutional and challenged the previously held belief that the Constitution was a mere political guideline rather than a legal document. Since then, the scope and hermeneutic of judicial review have expanded to account for changing political, legal, and social realities, leading to debates, controversies, and crises regarding the possible limits of this practice. Nonetheless, the idea of judicial review remains a foundational tenet of the American constitution and legal system because it represents a democratic process that ensures the constitutional order's respect while protecting the dignity of individual rights.