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Judicial Review. Download Embed Code. When it comes to legal disputes, the courts are the final deciders of what the Constitution means. This authority ? known as judicial review ? gives the Supreme Court and federal courts the authority to interpret the Constitution.
- Judicial review places the judiciary in a position of power over the other branches in that it makes the judicial will supreme over the will of the people.
Therefore, a possible outcome from judicial review is that the Supreme Court can undo public policy created by Congress or other branches of the government if it violates the constitution.
An example of a judicial review is when the court believes that something was unfair legally. A great example is Brown v. the Board of Education (1964) where the US Supreme Court provided a judicial review that segregation in public schools was illegal and would no longer be allowed.
In a case involving robbery, while the court decision determines the punishment for those involved and the laws applied to the case, the judicial review has the function of analyzing whether the court decision is constitutional and if it is within the appropriate legislative and legal concepts.