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Political Law

CoreDoctrines Overview

Judicial Power and Judicial Review

Description

Judicial power includes the authority and duty of courts to determine whether any branch or instrumentality of government has committed grave abuse of discretion amounting to lack or excess of jurisdiction, and to strike down acts that violate the Constitution.

Purpose

This doctrine empowers courts to interpret the Constitution and to invalidate acts of government that violate constitutional limits. It preserves constitutional supremacy by ensuring that no branch may exercise power beyond what the Constitution allows.

Main points

Judicial review is a constitutional duty, not judicial supremacy
Grave abuse of discretion is the operative threshold
All branches are subject to constitutional control