Constitutional Review of Legislation
How courts review laws for constitutionality — judicial review in the US, constitutional courts in Europe, and the debate over judicial power.
The Power to Strike Down Laws
Judicial review — the power of courts to declare legislation unconstitutional and void — is the final checkpoint in the legislative process. In the United States, this power was established by the Supreme Court itself in Marbury v. Madison (1803), when Chief Justice John Marshall declared that 'a law repugnant to the Constitution is void.' The Constitution does not explicitly grant this power; the Court claimed it through interpretation.
Since then, the Supreme Court has struck down roughly 200 federal laws and over 1,000 state laws. Each invalidation represents a moment when unelected judges overruled the decisions of elected legislators — a tension that makes judicial review one of the most debated features of constitutional democracy.