How does judicial review limit the power of legislatures?
Judicial review limits the power of legislatures by serving as a mechanism to ensure that laws enacted by these bodies conform to the rules of a constitution. In systems with rigid written constitutions, courts are often empowered to act as guardians of the law, scrutinizing legislation to determine its constitutional validity.12
When a court determines that a law is inconsistent with constitutional provisions, it may declare the legislation null and void, effectively striking it down. This process acts as a vital check and balance within democratic governments, preventing the legislative branch from exceeding its authority or infringing upon protected rights.324
Even in jurisdictions where courts lack the explicit power to declare acts unconstitutional, they may exercise "indirect" judicial review by interpreting statutes in a way that aligns with established legal principles, thereby limiting the scope of legislative actions. By requiring that government power remains subject to the rule of law, judicial review ensures that no branch of government remains unchecked in its exercise of authority.24