how does the power of judicial review affect the seperation of power in the Federal Goverment?
Judicial review is part of the system of checks and balances. If each branch of government was able to do what they wanted when they wanted, we would be in more of a mess as a country than we already are. However, judicial review makes it so that no branch is more powerful than another.
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The power of judicial review affects the separation of powers in the Federal Government by ensuring that no branch becomes overly dominant. The separation of powers is a fundamental principle of the U.S. Constitution that establishes three separate branches of government - the executive, legislative, and judicial branches - with distinct functions and powers.
Judicial review is the power of the judiciary, specifically the federal courts, to review and interpret laws and determine their constitutionality. It allows the judiciary to declare laws passed by the legislature or actions taken by the executive branch as unconstitutional if they violate the provisions of the Constitution.
This power enables the judiciary to act as a check on the other branches of government, namely the legislative and executive branches. It prevents any one branch from exceeding its constitutional boundaries or infringing on the rights and liberties of individuals protected by the Constitution.
By having the power of judicial review, the judiciary acts as a guardian of the Constitution and ensures that laws, actions, and policies of the other branches are in line with its provisions. If any law or action is found to be unconstitutional, the judiciary can strike it down, nullifying its effect.
By maintaining this balance of power, judicial review helps to prevent the concentration of power in any one branch of government. It promotes accountability, limits potential abuses of power, and safeguards individual rights and liberties. It ensures that all branches of government operate within their prescribed constitutional limits and prevents any one branch from becoming too powerful.
In summary, the power of judicial review supports the separation of powers by providing a check on the other branches of government and preventing any branch from becoming dominant in the Federal Government.