GENELLE MAE A.

MADRIGAL
School of Law
Legal Research

JUDICIAL REVIEW

In the principle of systems of checks and balances, judicial review is the doctrine where
legislative and executive actions are subject to review by the judiciary. It is an example of
separation of powers in modern governmental system. This also means powers should not be
concentrated in one person, and there should be check at every level, otherwise the authorities
will misuse it, and become dictatorial and take the law in to their own hands. It is considered a
key check on the powers of the other two branches of government by the judiciary.
What are the roles of judicial review plays in our government? Judicial Review is the
power of the Courts to declare Acts of Congress or the States as well as of the President or other
governmental officials to be contrary to the meaning and intent of the Constitution. It is the
reassessment of the legality of actions or decisions made by those in position of public authority
or bodies. It checks if their actions and decisions are constitutional. The action or decision in
question is brought before a Judge in court proceedings where the lawfulness of the decision is
tested. The main task is hearing cases wherein the constitutionality of a law is challenged.
The main purpose of Judicial Review is to ensure that public authorities do not act in
excess of their powers. The topics that may be brought before the Supreme Court may include
executive actions or orders made by the President, regulations issued by a government agency,
legislative actions or laws made by Congress, state and local laws and judicial error. It is
important to note that in Judicial Review, it is always the legality of the decision that is
explored by the courts. The decision itself does not necessarily have to be right or wrong. The
court has to investigate as to whether there was lawful and fair action taken by the public
body when reaching its decision.