Judicial Review : The Doctrine Of Judicial Essay

1208 Words Nov 11th, 2016 5 Pages
In many countries with a written, codified constitution, the doctrine of judicial review exists. Judicial review gives the superior court the power to check the actions of other branches of government as well as public authorities. Judicial review is used in many countries across Europe and the rest of the world, but is most renowned for its application in the US. I support the assumption that judicial review makes a country more democratic, however I don’t think that it is a necessity for countries to adopt such a system of review. This essay will argue that judicial review makes countries more democratic for two distinct reasons: it provides a protection of minorities against the oppression of the majorities and as well as ensuring a concrete protection of individual rights under a written constitution, both key features of a democratic society. I am aware of the undemocratic traits of judicial review, which will not be ignored in this essay and have been taken into account when deciding my hypothesis. Judicial review exists to provide a protection against the majorities. Although, in the case of the US, judicial review isn’t stated specifically in the constitution it certainly carries out such a role effectively. In a system of checks and balances, judicial review works perfectly in ensuring no one branch of government can become too powerful, as evident in many of the Supreme Court’s rulings. The case of Boumediene vs Bush 2008 demonstrates this point precisely.…

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