Constitutional LawCivil Procedure
Judicial Review
Legal Term · Constitutional Law
Plain-English Definition
The power of courts to examine laws passed by Congress or actions taken by the executive branch and determine whether they violate the Constitution. If a court finds a law unconstitutional, that law is struck down and can no longer be enforced.
Legal Definition
The doctrine whereby courts examine legislative enactments and executive actions to determine their compatibility with a written constitution, and to refuse enforcement of those found to be repugnant thereto. This power, while not explicitly enumerated in Article III, was established as an inherent function of the judiciary in Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
Example Usage
The Supreme Court exercised judicial review when it struck down Section 13 of the Judiciary Act of 1789 in Marbury v. Madison, declaring: "It is emphatically the province and duty of the judicial department to say what the law is."