How does the judicial branch provide a check on the legislative branch ?

Social Studies · Middle School · Tue Nov 03 2020

Answered on

The judicial branch provides a check on the legislative branch through the power of judicial review. Judicial review is the authority of the courts to review the constitutionality of laws and government actions. In many democratic systems, this power is explicitly granted to the judiciary to ensure a system of checks and balances.


Here's how the judicial branch checks the legislative branch:


1.Interpreting Constitutionality: When a law is challenged, the courts have the authority to interpret the constitutionality of that law. If a court determines that a law passed by the legislative branch is unconstitutional, it can declare the law null and void.


2.Ensuring Due Process: The judicial branch ensures that legislative actions comply with constitutional principles, including protections for individual rights. If a law infringes upon constitutional rights or denies due process, the judiciary can intervene.


3.Reviewing Executive Actions: In some cases, the legislative branch may delegate authority to the executive branch through legislation. If the executive branch's actions are challenged, the judiciary can review these actions to ensure they are within the bounds of the law and the constitution.


4.Checks on Legislation Impacting Fundamental Rights: The judiciary provides a check when legislation is perceived as infringing on fundamental rights protected by the constitution. Courts can review laws that might violate freedoms guaranteed in the constitution.


The concept of judicial review is an essential component of the system of checks and balances in many constitutional democracies, allowing the judiciary to act as a check on both the legislative and executive branches to prevent an abuse of power and to uphold the constitution.









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