Judicial Review and Fundamental Rights The Judicial Review is a powerful tool used by the courts to ensure that the government and its agencies adhere to...
The Judicial Review is a powerful tool used by the courts to ensure that the government and its agencies adhere to the rule of law and protect fundamental rights. These rights are outlined in the Constitutional Law and encompass important principles such as due process, equality, and the protection of life, liberty, and property.
Judicial review involves courts independently assessing whether a government action or law violates a person's constitutional rights. This means the court, through its judges, can invalidate the action or law if it finds that it violates a person's constitutional rights.
Examples:
The Fourth Amendment of the Constitution protects against unreasonable searches and seizures. If a police officer conducts a search without a warrant, and the warrant is subsequently obtained through questionable means, the search may be considered illegal.
The Fifth Amendment protects against self-incrimination. A court could throw out a confession obtained through torture, even if the confession itself is otherwise admissible.
The Due Process Clause ensures that criminal defendants receive a fair trial, including the right to a lawyer, a fair trial, and the exclusion of evidence obtained in violation of their constitutional rights.
By exercising the judicial review, the courts play a vital role in protecting citizens' fundamental rights and ensuring that the government operates within the bounds of the law