Ever wonder who keeps the government in check? Meet judicial review! It's the power of the courts to examine laws and actions of the other branches (executive and legislative) to ensure they align with the constitution. Think of it as the constitution's bodyguard, ensuring everyone plays by the rules.
Judicial review isn't explicitly mentioned in many constitutions, including the U.S. Constitution, but it's become a fundamental principle of constitutional law through landmark court decisions. It's vital for protecting individual rights and preventing government overreach. When a law is deemed unconstitutional, it's struck down, preventing it from being enforced.
While crucial, judicial review isn't without its critics. Some argue it can be anti-democratic, allowing unelected judges to override the will of the people. However, proponents emphasize its role in safeguarding minority rights and upholding constitutional principles that might be overlooked in the heat of political debates. Understanding judicial review is key to understanding how power is balanced within a constitutional system.
