Judicial Review

The power of courts to invalidate laws and acts that violate the constitution

Overview

Judicial review, power of courts to refuse effect to unconstitutional acts, was asserted for the Supreme Court by Chief Justice Marshall in Marbury against Madison in 1803 and spread worldwide, from Kelsen's constitutional court design to postwar bills of rights. It makes judges guardians of the higher law and sits uneasily with parliamentary sovereignty, which gives the legislature the final word. Debates over activist versus restrained exercise are as old as the power itself. Most written constitutions now include it expressly.