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Judicial review

society Maturity 11-13 Next article →

Judicial review is a very important tool for fairness. It is a way for courts to check on the government. Governments have different branches that do different jobs. One branch makes the laws for the land. Another branch carries those laws out every day. The third branch is the court system. Judicial review lets judges look at the actions of the first two branches.

High Court of Australia (6769096715)
High Court of Australia (6769096715)

This process ensures that no one branch becomes too strong. It is part of a system called checks and balances.

How does this process actually work? A court looks at a law or a government decision. The judges ask if it follows a higher authority. This higher authority is often a constitution. A constitution is a set of main rules for a country. If a law goes against the constitution, the court can stop it. This is called invalidating the law. Courts also check if public bodies follow the right steps. This is called procedural fairness. They want to make sure rules are followed correctly.

High Court of Australia (6769096715)
High Court of Australia (6769096715)

People have thought about these ideas for a long time. A thinker named Montesquieu helped introduce the idea of separation of powers. This idea says government branches should stay separate. In the United States, a famous case changed everything. It was called Marbury v. Madison in 1803. The Supreme Court ruled that it had the power of judicial review. Even though Thomas Jefferson disagreed, the ruling stayed. This case helped make the U.S. Constitution the highest authority.

High Court of Australia (6769096715)
High Court of Australia (6769096715)

Different countries use different rules for review. In the United Kingdom, judges cannot strike down main laws from Parliament. The Netherlands also has a rule that stops courts from ruling on certain laws. Some places use special courts just for this job. A legal expert named Hans Kelsen helped create this system. He worked on a model used in Austria and Czechoslovakia in 1920. This is often called the Austrian System. In India, the Supreme Court uses its power to protect fundamental rights.

High Court of Australia (6769096715)
High Court of Australia (6769096715)

Understanding judicial review helps us see how modern nations stay balanced. It links to how we organize our society today. Some systems use regular courts, like in Australia and Canada. Other systems use specialized courts, like in the Czech Republic. These different paths all aim for the same goal. They want to make sure the government follows its own rules. This keeps the balance of power steady for everyone. It protects the rights of all people living in the country.

High Court of Australia (6769096715)
High Court of Australia (6769096715)
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