Judicial review is the authority of courts to determine whether laws or government actions comply with the Constitution or other controlling law. In plain language, it means courts can test whether government stayed within legal limits.
Why It Matters
The term matters because constitutional and administrative disputes often reach court only because judicial review exists. Without it, many unlawful statutes, rules, or executive actions would be harder to challenge.
Where It Appears
The term appears in constitutional challenges, agency-review cases, separation-of-powers disputes, appeals, and arguments about whether a court should invalidate or limit government action.
Practical Example
A state enacts a law restricting protected expression. A court hearing a challenge may use judicial review to decide whether the law violates the Constitution and should not be enforced.
How It Differs From Nearby Terms
- Appeal is the process of asking a higher court to review a lower court decision.
- Rulemaking concerns how agencies create regulations.
- Separation of powers is a structural principle that judicial review may be used to enforce.
Related Terms
Knowledge Check
- Is judicial review the same as an appeal? No. Appeals are one process through which courts review decisions, while judicial review is the broader authority to test legal validity.
- Why is judicial review important in constitutional law? Because it gives courts a mechanism to check whether government action exceeds legal limits.