Freedom from Judicial Review

The ability of a judicial body to prevent the passage or enforcement of laws which do not comply with the demands of the constitution provides a powerful means of preserving the integrity of constitutional principles. At the same time, the process of judicial review places a limit on the legislature’s law-making authority and therefore represents a decrease in legislative control. While some legislatures pass laws that are free from outside scrutiny, in most countries laws are subject to judicial review in one of its many forms. The judicial body that is competent to review the legislation varies from country to country as well, but often follows a pattern related to whether it follows a common law system or a civil law system. In some countries the entire judiciary has the power of judicial review and may refrain from applying a law deemed to be unconstitutional; in others only a designated body or the highest court may void laws on constitutional grounds.