Political Science
JUDICIAL REVIEW
Judicial review refers to the series of checks and balances within a definite government which can be achieved through the examination of the approach with regard to constitutional interpretation and the method of exercising the power of judicial review (Wolfe, 1997, p. 10). Judicial review was defined in two instances namely: 1.) definition given by Federalist No. 78; and 2.) in the case of Marbury Vs. Madison where it was ruled that the duty of the judicial government is to say what the law is. Federalist No. 78 states that laws which are contrary to the Constitution should be declared void and the interpretation of the laws should be properly assigned to the courts, wherein judges should apply preference to it over ordinary laws. It is the vested power of the judiciary branch of the government to strike down statutes which are inconsistent with the Constitution. Bardes, Shelley and Schmidt (2012) stated that the doctrine of judicial activism holds that the federal judiciary should exercise its powers to conduct the checks and balances to ensure that the activities of the governmental bodies do not exceed their authorities.
The legislative branch checks judicial power through the senate when it approves the appointment of federal judges and Supreme Court justices. Congress exercises the Impeachment power, while the senate conducts the trial of impeachments. Congress has the power to initiate constitutional amendments and is authorized to set up courts that are inferior to the Supreme Court. It is also empowered to limit the number of the Supreme Court justices. One of the limitations of judicial power is public opinion. Hence, in the event that the judge does not agree to the existing terms of the law, he may not rule upon the case based on such law, but should refer the matter to the legislative to amend or change the law based on its recommendations and follow public opinion.
References:
Bardes, B. A., Shelley, M. C. and Schmidt, S. W. (2010). American Government and Politics
Today. California: Cengage Learning, Inc.
Marbury Vs. Madison 5 U.S. 137
Wolfe, C (1997). Judicial Freedom, Bulwark of Freedom or Precarious Scrutiny? USA:
Rowman and Littlefield.
