Judicial Review: Examine Laws, Passed by the Legislature (Essay Sample)

Judicial Review
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Judicial Review
Judicial review is a practice by courts to examine new laws, passed by the legislature, to determine whether the new laws, and provisions within them, are in compliance with the constitution, or not. Laws that do not comply with the constitution, or whose sections do not comply with the constitution, are usually declared unconstitutional to the extent of non-compliance. This paper is a reflection of how the absence of judicial review would have affected the American political system; and the judiciary.
Judicial review is really important in ensuring the Rule of Law. When one examines the Rule of Law, it is a principle that ensures that the government (executive branch) does not act beyond its administrative powers, provided by the constitution. Judicial review has ensured that government actions are not ultra vires. Many a time, the executive has often had an influence over the legislature. The executive usually influences the legislature to pass draconian laws, which do not comply with the constitution, and increase the power of the executive. This is a common occurrence in many African states where the process of judicial review is not honored. These countries usually end up in dictatorships. If judicial review had been absent, today, the US would have most likely been under dictatorship. The executive would have been so powerful such that the US would have been an autocratic state.
Additionally, judicial review has been necessary to uphold the principle of The Supremacy of the Constitution. This principle is a necessity to ensure that the justice system functions effectively. It is the constitution that provi...