Political Institutions Constitutional Law Questions Medium
Constitutional rights refer to the fundamental rights and freedoms that are guaranteed to individuals by a country's constitution. These rights are considered to be inherent and cannot be taken away or violated by the government or any other entity. They serve as a safeguard against potential abuses of power and ensure that individuals are protected and treated fairly under the law.
Judicial review is a mechanism through which constitutional rights are protected. It is the power of the judiciary to review and interpret laws, regulations, and actions of the government to ensure their compatibility with the constitution. Through judicial review, the courts have the authority to declare laws or government actions unconstitutional if they violate the rights and principles enshrined in the constitution.
The process of judicial review involves individuals or groups challenging the constitutionality of a law or government action in court. The court then examines the law or action in question and assesses its compliance with the constitution. If the court finds that the law or action infringes upon constitutional rights, it can strike it down or modify it to bring it in line with the constitution.
Judicial review plays a crucial role in upholding constitutional rights as it acts as a check on the legislative and executive branches of government. It ensures that laws and actions are consistent with the principles and values enshrined in the constitution, preventing the government from overstepping its boundaries and infringing upon individual rights.
Furthermore, judicial review also helps in the evolution and interpretation of constitutional rights. As society changes and new challenges arise, the courts have the power to interpret the constitution in light of contemporary circumstances. This allows for the adaptation and expansion of constitutional rights to ensure their continued relevance and effectiveness in protecting individuals' liberties.
In summary, constitutional rights are fundamental rights and freedoms guaranteed by a country's constitution. Judicial review is the process through which these rights are protected by the courts, ensuring that laws and government actions are consistent with the constitution. It acts as a check on the government's power and allows for the evolution and interpretation of constitutional rights to meet the needs of a changing society.