Judicial review

Judicial review is the power of courts to assess whether government action complies with law and to provide remedies when it does not.

Constitutional review: Judicial review that tests government action against a constitution. It is the form used when the claimed legal limit comes from constitutional rules.
Diffuse judicial review: A system in which ordinary courts may decide constitutional questions in cases before them. It contrasts with systems that reserve constitutional review to a specialized court.
Marbury v. Madison: The 1803 United States Supreme Court case that established the Court’s authority to review federal statutes for constitutionality. It became the canonical U.S. precedent for judicial review of legislation.
Proportionality: A legal test asking whether a measure’s effects are justified by its legitimate aim and appropriately limited. Courts use it to assess whether rights-limiting government measures go too far.
Separation of powers: The division of governmental authority among branches designed to limit the concentration of power. Review lets courts enforce legal boundaries between branches while raising concerns about judicial power.
Administrative law: The body of law governing public authorities’ powers, procedures, and decisions. It supplies many of the legal standards courts apply to government decisions.
Concentrated judicial review: A system that assigns constitutional review principally to a designated constitutional court. It offers an institutional alternative to review by courts generally.
Constitution of the United States: The supreme law establishing the structure and powers of the United States federal government. Its allocation of governmental powers frames the U.S. case for constitutional review.
Rational basis review: A deferential U.S. constitutional test asking whether government action is rationally related to a legitimate interest. It demonstrates the restrained end of constitutional scrutiny.
Constitutionalism: The principle that government authority is limited by binding rules and institutions. Judicial review is one institutional means of enforcing those limits.

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