How does the principle of judicial review affect interbranch relations?
Judicial review is the authority of a court, representing the judicial branch of government, to declare invalid an act of the legislative or executive branch of government because such act violates the Constitution. The exercise of this authority is understandably fraught with tension, as much between political parties as between branches of government. The exercise of judicial review, although generally accepted as the judiciary’s responsibility in defending the Constitution, places a court in conflict with other branches of government and often with a public that supports the act that is being reviewed. By declaring an act unconstitutional, a court risks its own standing should the executive branch choose not to enforce its decision and risks a backlash from the legislature that might include reduced appropriations, jurisdictional restrictions, or limitations on judicial discretion.Because the principle of judicial review grants great powers to the judiciary that can have a very detr