Suppose a new law which prohibits free speech in public places. The intention was to maintain public order, but citizens soon realized they were curtailed from voicing their views on important matters. Judicial review steps into this situation by giving authority to the judiciary to hold, consider, and nullify any laws that infringe upon constitutional rights. Judicial review is an essential tool for maintaining balance among all the various branches of government and protecting rights among citizens.
This article delves into judicial review, its functions, its effects on the law, and why it remains an important institution in any democratic system.
What is Judicial Review?
A judicial review is a procedure wherein the judiciary examines whether the laws or decisions of the executive branch are consistent with the principles and norms of the Constitution and the fundamentals of justice. The judiciary declares any such law or decision null and void if it is inconsistent with the principles of justice or the Constitution. This process of judicial review keeps the supreme position of the Constitution intact and, at no cost, overreachs the limits of justice or violates the rights of the core entities.
Judicial review is founded on the doctrine that the Constitution is the supreme law of the land. All laws and governmental actions must conform to the principles of the Constitution, and the judiciary’s role is important in determining this conformity.
Scope and Functions of Judicial Review
The judicial review encompasses several key areas as follows:
Constitutional Interpretation
One of the most important roles of judicial review is constitutional interpretation. The judiciary is able to determine the meaning of the stated words and the intentions behind the provisions of the Constitution and, because of that, determine whether laws conform to such provisions. This ability to interpret the Constitution enables the application of law fairly and equitably.
Protection of Fundamental Rights
Judicial review protects individual rights through the law from violating basic civil liberties, including equity, freedom of speech, and the right to privacy. This kind of law that may potentially violate these rights can be seen by the judiciary, giving citizens an avenue towards redress against unjustified laws.
Distributive Power
Judicial review maintains the balance of power among the legislative, executive, and judicial branches. The judiciary checks laws and actions by the executive to ensure no one branch exceeds its limits in a democratic structure of checks and balances.
Process of Judicial Review
The judicial review process starts with a petition from a citizen, organization, or other entities to the court, questioning a law’s or executive action’s legal authenticity. Mostly, a party feels that constitutional rights have been violated. The court proceeds to assess the law or action in question based on several considerations,
- Conformity of law with Provisional Constitutional Articles—The court checks whether the law complies with the article and cardinal principles of the Constitution.
- Interpretation of the Legislative Language—The court examines the legislative language of the law or action to determine what the law entails.
- Public Interest and Justice—The court examines whether the law or action is in the best interest of the public and does not yield unjust results.
If a law does not meet these specifications, it can be deemed unconstitutional or even amended, hence preserving the dignity of the Constitution.
Judicial Review Categories
Judicial review can be classified into several types of scope and emphasis –
Substantive Review
Substantive review is when the courts examine the substance of a statute or law. It assesses whether the law is sound in relation to constitutional principles and whether it is equitable, rational, and sensible. Where the intention of a law or its effects is questioned, substantive review becomes pertinent.
Procedural Review
Procedural review examines whether due process was applied in making or exercising a law or other governmental action. In any event, procedural review imposes respect for standard legal and constitutional processes on legislatures and executives, which deters them from acting arbitrarily or irrationally.
Judicial Review of Administrative Action
In this type of judicial review, the court examines actions by administrative bodies and government agencies. It checks whether these actions are within legal standards and do not go beyond the authority granted by law. Administrative review most applies to cases involving regulatory decisions, licenses, or public welfare programs.
Importance and Impact of Judicial Review on Law
Judicial review has a wide-reaching impact on the legal system and society:
Protection Against Unconstitutional Enactments
Judicial review prevents the execution of certain unconstitutional enactments. It voids those that violate personal liberties and even those beyond the government’s powers. Judicial review also protects citizens against government exactions and maintains a balanced system of law.
Interpretation of the Changes in Law
Judicial review gives the courts the power to interpret laws in light of societal development, changes in values, and emerging issues. For instance, courts have utilized judicial review to safeguard digital rights to privacy and account for evolving technology. This adaptive interpretation enables the law to mirror new realities without losing fundamental constitutional values.
Facilitating Legislative Responsibility
Judicial review of laws increases the chance that lawmakers write their legislation carefully to avoid violating constitutional principles. It also increases transparency and accountability during the legislative process and thus ensures that elected representatives pay attention to the pervasive consequences of their decisions.
Public Trust in the Judiciary
Judicial review gives the judiciary long-needed public trust by granting constitutional rights and correcting legal mistakes. Citizens view the judiciary as an exalter of justice and perceive a right of redress if laws are unjust. This is the basis of ensuring a democratic and just society.
Challenges Encountered By Judicial Review
Although judicial review plays a critical role, there are various challenges it encounters:
- Risk of Judicial Activism – The scenario where courts, in deciding cases, make laws over and above the literal interpretation of the Constitution can plunge into overreaching, creating a blurred line between the judicial and legislative functions.
- Resource Constraints – In judicial review, the process takes long and courts, especially in developing countries, have no adequate resources and personnel to carry out several cases efficiently.
- Political Pressure – The judicature has to face political pressure, mainly when dealing with sensitive policies. Independence is crucial to avoid biased judgements.
Conclusion
Judicial review forms a crux of the judiciary’s function, preserving the Constitution’s sanctity and protecting citizens against overreaching. It is a constitutional check that guarantees the laws formed are fair and constitutional, which mirrors societal dynamics. Judicial review allows for checks and balances within governments, backs legislation responsibility, and reinforces trust by the public towards the judiciary. Moreover, being at the heart of democracy development, judicial review has always ensured justice, equality, and freedom. Understanding this process always gives flavour to a much better understanding of the judiciary’s role within a just society.
