Introduction

Ever wondered what stands between unchecked government power and your civil liberties? Judicial review is one of the most powerful tools in modern democracies to hold governments accountable. Like a referee in a high-stakes game, the judiciary steps in to ensure that laws and executive actions align with constitutional principles.

In this article, we’ll break down what judicial review is, how it works across different legal systems, and why it remains a cornerstone of government accountability. Whether you’re a law student, legal professional, or just a curious citizen, this guide will give you the clarity you need.

What Is Judicial Review?

Judicial review is the power of courts to examine the actions of the legislative, executive, and administrative arms of government—and to invalidate those actions if they are found to violate constitutional or statutory norms. In essence, it allows the judiciary to ensure that no law or official act stands above the supreme law of the land: the constitution.

Think of it as a safeguard—a watchdog that makes sure every branch of government plays by the rules.

Constitutional Foundations of Judicial Review

Judicial review is not explicitly stated in every constitution. In the U.S., for example, the power stems from Marbury v. Madison (1803), where Chief Justice John Marshall famously asserted the judiciary’s role in interpreting the law. Meanwhile, in countries like Germany or India, the constitution clearly enshrines judicial review as a duty of the courts.

Different countries have different triggers and procedures for judicial review. In common law systems, precedent plays a large role, while civil law countries often rely on constitutional courts.

How Judicial Review Ensures Government Accountability

Here’s the million-dollar question: how does judicial review actually keep governments in check?

• Checks and Balances: It reinforces the separation of powers by allowing courts to oversee the legislative and executive branches.
• Transparency: Court rulings often force public disclosure of government practices and policies.
• Public Confidence: Knowing that courts can invalidate unlawful actions builds trust in the legal system.
• Protection of Rights: Courts strike down laws that infringe on civil liberties and minority rights.

Without judicial review, there’s little to stop government overreach. It’s like driving a car without brakes—dangerous and unpredictable.

Types of Judicial Review and Their Functions

Not all judicial reviews are created equal. Let’s break down the most common types:

1. Constitutional Review

Examines whether a law is compatible with the constitution.

2. Administrative Review

Focuses on the legality and reasonableness of decisions by public officials or agencies.

3. Procedural Review

Ensures that decisions are made fairly, with due process.

4. Substantive Review

Goes deeper by evaluating the content or outcome of the decision itself.

Landmark Judicial Review Cases That Shaped Accountability

• Marbury v. Madison (U.S., 1803): Established judicial review in American law.
• Brown v. Board of Education (U.S., 1954): Judicial review dismantling segregation.
• R (Factortame Ltd) v. Secretary of State (UK): Showed the power of EU law over national law via judicial mechanisms.
• Kesavananda Bharati v. State of Kerala (India): Limited the power of constitutional amendments.

Judicial Review in Different Legal Systems

While judicial review exists in many jurisdictions, its scope and application vary:

United States

Review is decentralized; all courts can strike down laws.

United Kingdom

Focus is on administrative review and human rights compliance, especially post-Human Rights Act 1998.

European Union

The Court of Justice of the European Union ensures EU law compliance by member states.

India

Strong, explicit constitutional backing for judicial review across legislative and executive actions.

Criticisms and Limitations of Judicial Review

Despite its strengths, judicial review is not without its critics:

• Democratic Deficit: Unelected judges can overrule decisions made by elected officials.
• Judicial Activism: Courts may overstep their bounds and become policymakers.
• Resource Intensive: Time-consuming and expensive legal battles can deter access to justice.

Still, many agree that a flawed system of review is better than none at all.

The Future of Judicial Review in a Changing Legal Landscape

In a world facing rising authoritarianism, technological surveillance, and emergency legislation, judicial review is more crucial than ever. But courts must adapt to remain effective:

• Use of AI in court procedures
• Enhanced transparency in judicial appointments
• Greater international cooperation between constitutional courts

Conclusion

Judicial review is the legal world’s immune system. It detects and neutralizes actions that threaten the health of democracy. But like any system, it needs regular upkeep and attention. Understanding and supporting judicial review is not just a legal obligation—it’s a civic duty.

If you’re facing a situation where government action has affected your rights, don’t wait. Time limits and procedural barriers can shrink your legal options. Acting early could make all the difference.

Glossary of Key Terms

Term	Definition
Judicial Review	The process by which courts assess the constitutionality or legality of government actions.
Constitutional Review	Examination of laws for compliance with constitutional provisions.
Administrative Review	Scrutiny of decisions made by public officials or agencies.
Judicial Activism	A critique where judges are seen as creating new laws through their rulings.
Marbury v. Madison	Landmark U.S. Supreme Court case that established judicial review.

Related Article Titles

• The Role of Constitutional Courts in Emerging Democracies,
• Judicial Review and Emergency Powers: A Legal Dilemma,
• Judicial Oversight in National Security Law,
• Access to Courts for Vulnerable Populations,
• The Intersection of Judicial Review and Human Rights,
• Judicial Review and Environmental Justice,
• Strategic Litigation and Government Accountability,
• Challenges in Enforcing Judicial Decisions Against the Government,
• The Impact of Judicial Review on Administrative Agencies,
• Judicial Review in International Humanitarian Law,

Want to know more? This article is a must-read: https://mandamus.com/timeline/

This post provides more context and examples: https://theanimallawcenter.com/2025/04/22/how-to-file-an-appeal-a-step-by-step-guide/

Continue learning with this related piece: https://writofmandamus.com/navigating-the-courts-overcoming-arbitrary-immigration-denials-due-to-delays/