Judicial review is a process by which the judiciary, in either a civil or criminal court, reviews the actions of another branch of government to see if they are constitutional This process is usually initiated when a court or other party feels that the actions of the government are in violation of the country’s constitution or laws. Often, judicial review is applied when someone feels that the government has acted beyond its authority or that its actions otherwise violate fundamental rights. This process helps ensure that the government stays within its powers and that citizens' rights are respected.
One of the primary remedies of judicial review is the declaration of a law or action unconstitutional. Courts have the power to declare a law or action unconstitutional and to strike it down if it is found to violate the constitution or laws. This is one of the most powerful judicial review remedies as it effectively eliminates laws or actions that are in violation.
A second remedy of judicial review is the ability to issue injunctions or orders to stop the government from taking unconstitutional actions. This can be done when it is believed that the government is in the process of taking an illegal action, or when a court feels that the government has already taken such an action.
Third, courts are able to issue a writ of mandamus, which compels the government to take certain actions. This is often used when the government is refusing to take action, when the action is necessary to protect rights, or when a court wants to compel the government to take action that is beneficial to the public.
Fourth, courts can issue declarations of rights. This is done when the court feels that a law violates a fundamental right and a declaration of rights is necessary to protect these rights. This gives the court the ability to make a statement about the law or action and to declare that the rights of citizens are protected.
Finally, the court may issue an award of damages. This is usually done when a party has been harmed or when there has been a violation of rights by the government. This is a way for the court to provide compensation for damages incurred and to ensure that victims of government misconduct are compensated for their losses.
All of these remedies can be used as a result of judicial review. They are powerful tools for protecting citizens’ rights and for ensuring that the government stays within its powers. They are also an important part of the checks and balances of our democracy.