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How powerful is judicial review? Why can the courts overturn national laws?
Judicial review is one of the cornerstones of modern legal system. How to maintain order between transparency and power and provide legal protection for citizens has often become a hot topic in society. Amid concerns about abuse of power, the role of the courts has been increasingly valued. The court is not only a place to resolve disputes, but also an important institution to protect the constitution and citizens' rights and interests.
What is judicial review?
Judicial review is a legal process in which courts examine whether government laws and actions are consistent with the Constitution. Specifically, it gives courts the power to overturn state laws that are incompatible with superior laws or regulations. This mechanism can effectively prevent the occurrence of inappropriate or unconstitutional laws.
Historical background of judicial review
The earliest judicial review system can be traced back to the constitutional framework of the United States. Although it was not explicitly mentioned in the U.S. Constitution adopted in 1789, it was quickly established in the Marbury v. Madison case of 1803. In that case, Supreme Court Chief Justice John Marshall declared that courts have the power to invalidate laws that are unconstitutional. This marked the birth of judicial review.
Function of judicial review
The core of judicial review is to protect the priority of the law. If the law conflicts with the Constitution, its legality will be challenged.
Its main functions include: checking the constitutionality of laws, safeguarding individual rights, and limiting legislative and executive powers. Through this process, the courts can become an important mechanism for balancing government power.
Actual cases of judicial review
Judiciaries around the world have demonstrated the power of judicial review through numerous cases. For example, in the United States, in the case Brown v. Board of Education, the Supreme Court overturned segregation laws and established the basis for equal education. In addition, many countries such as Germany, Canada, India, etc. have also established similar judicial review mechanisms. In the judicial systems of these countries, courts not only uphold the constitution but also play an important role in social justice.
Censorship mechanisms in different countries
Different countries have different understandings and implementation methods of judicial review. In the United States, the Supreme Court is the final authority for interpreting the constitution; in Germany, the Federal Constitutional Court confronts constitutional issues and ensures that fundamental rights are not violated. Looking at China again, the People's Congress and its Standing Committee are subordinate to the legislative body, and judicial review is relatively limited, reflecting the impact of different legal systems and political structures on judicial power.
Challenges and prospects of judicial review
As times change, judicial review faces many challenges. For example, some people believe that the courts excessively interfere in political decision-making and hinder the democratic process; while others worry that the government may use legal means to reduce judicial independence. These issues require legal experts and policymakers to jointly explore how to strike a balance between safeguarding legal justice and promoting social development.
"Judicial review does not weaken the legislative function, but restricts its authority to avoid abuse."
Conclusion
Putting an end to the abuse of power and protecting citizens' rights are the fundamental goals of realizing the rule of law. The judicial review system is not only a key part of the legal system, but also an important cornerstone of a modern democratic society. Facing the ever-changing social and political environment, we should think deeply about how to reflect the expectations and voices of the people while ensuring judicial independence.
