What is Judicial Review?
Judicial review is the power of the courts to evaluate and review the constitutionality of laws or actions taken by government agencies or officials.
It is a crucial component of the system of checks and balances in a democracy, ensuring that the legislative and executive branches of government do not overstep their bounds or infringe on the rights of citizens.
In criminal cases, judicial review can take place at various stages of the criminal justice process. For example, a defendant may file a motion to suppress evidence, challenging the constitutionality of a law or the legality of a search or seizure.
If the court finds that the defendant's rights were violated, it may exclude the evidence from trial or even dismiss the case.
After a conviction, a defendant may appeal the verdict or sentence, which triggers a review by an appellate court. The appellate court examines the trial court's decisions to ensure that they were legally sound and in compliance with the Constitution and other applicable laws.
The role of judicial review is to ensure that the criminal justice system operates fairly and in accordance with the law.
It serves as a mechanism for holding government officials accountable and safeguarding the rights and liberties of individuals.
