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Definition

The term judicial review refers to a court's review of a decision of a lower court in order to determine whether an error was made. When speaking of the Supreme Court, the term also refers to the Court's power to pass judgment on the constitutionality of actions of state and federal legislatures and courts. The most common form of judicial review is the review of a lower court decision by a higher court, whether it be state or federal. Courts usually review these decisions in the appeals process, when a losing party in a case claims an error was made and appeals to the higher court to examine the decision.

The Functions of Judicial Review

Judicial review has three functions. First, it allows justice to be served by striking down erroneous decisions by lower courts. Second, appellate courts monitor the performance of lower courts; lower courts have an incentive to apply the law correctly if the...