Judicial Review

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A process under which executive or legislative actions are subject to review by the judiciary

Real World Example

During the Jefferson Era, the concept of judicial review was established by the landmark Supreme Court case Marbury v. Madison in 1803. This decision gave the judiciary the power to invalidate laws and actions by the government that it found unconstitutional, which was crucial for maintaining a balance of power among the branches of government. At the time, it responded to the problem of ensuring that neither the executive nor the legislative branches could overstep their authority, protecting citizens' rights. Today, judicial review remains important because it allows courts to protect individuals from unfair laws or government actions. For example, if a new law were to unfairly restrict freedom of speech, the courts can use judicial review to strike it down, ensuring that people's rights are safeguarded.

Practice Version

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