Question

Explain and analyze the exercise of judicial review. What is judicial review, what are its origins, and why is it often so con-troversial?

Answer 1

Answer:

A judicial review is a tool of judicial activism which is used by the supreme courts to reviews the laws and decisions taken by the lawmaking bodies and gauge its constitutional validity. The supreme court is considered as a custodian of the constitution. It is provided with some very strong powers that are required to establish a strong democracy as a strong judiciary is very important for a strong democracy. Judicial review is one such power that enables the supreme court to review the works of executives and legislature.

In the history of the US, judicial review has its origin in the Marbury v. Madison case. In this case, the supreme court of the US asserted its right to review executive decisions and term it against the spirit of the constitution. This was the first case in history where such a right was exercised by the court and that's why this case is one of the most significant cases that changed the course of history.

For a democracy to function properly, a strong judiciary is very important. But is it justified for the judiciary to perform those duties which are outside of its ambit? Can judiciary transgress the boundaries set by the constitutional and will that step not seriously threaten the balance of power? These questions make judicial review so controversial. The judicial review is very important for the establishment of the balance of power among the three types of machinery of the state, but it may also lead to serious abuses to the system of check and balance.