Technology
The Role of the Constitution in Judicial Review
Quick fact
The principle of judicial review is not explicitly stated in the U.S. Constitution—it was established by the Supreme Court itself in Marbury v. Madison (1803).
Why this is interesting
Ever wondered how a court can simply strike down a law passed by Parliament or Congress? The secret lies in a single document: the Constitution.
Read the full explanation
Understanding The Role of the Constitution in Judicial Review
Think of the Constitution as the rulebook for the game of governance. All other laws and government actions must conform to this rulebook. When a court conducts judicial review, it compares a law or action against the Constitution. If the law conflicts with the constitutional 'rules', the court declares it 'unconstitutional' and it becomes invalid. For example, if a parliament passed a law restricting free speech, the court could check it against the First Amendment and strike it down. This process relies on the idea that the Constitution is the highest law, so anything below it must comply.
A deeper explanation
The mechanism of judicial review is anchored in the principle of constitutional supremacy. The Constitution allocates power among government branches, protecting individual rights. To enforce these limits, there must be an arbiter—the judiciary. In the U.S., this role was famously declared in Marbury v. Madison by Chief Justice John Marshall, who reasoned that since the Constitution is the supreme law and judges are sworn to uphold it, they must refuse to enforce any act that contradicts it. This is why courts interpret the Constitution's text, structure, and principles to decide if a law falls short. Judicial review operates through a case-or-controversy requirement: courts only review laws when a real dispute requires their application. When a court finds a law unconstitutional, it not only resolves the case but also sends a message to the legislature, reinforcing the balance of power. This role makes the Constitution a living limit on government, and judicial review is the mechanism that enforces that limit.