Final answer:
Judicial review is a crucial mechanism within democracies that checks all branches of government's actions against the Constitution. Its role embodies the balance between democratic rule and constitutional obligations, protecting both democratic principles and individual rights. Hence, judicial review is consistent with the basic principles of democracy.
Step-by-step explanation:
The power of judicial review, established in Marbury v. Madison, allows the judiciary to review actions taken by the other branches of government and the states and determine if they are constitutional. This power is not expressly mentioned in the Constitution, but it is essential to the system of checks and balances that forms the cornerstone of US democracy.
While the notion of democracy is centred around the rule of the people, it doesn't imply absolute majority rule. Democracies also include protections for minority rights, limitations on government power, and adherence to the rule of law. Judicial review is one such limitation as it ensures that all actions of all branches of government at all levels are checked against the Constitution, thus maintaining its position as the supreme law of the land.
Still, courts exercise judicial review sparingly and with a presumption of constitutionality for laws and government actions, reaffirming the democratic principle of respect for elected representatives' policy choices. Therefore, judicial review can be seen as a mechanism that maintains the balance between democratic rule and constitutional constraints, safeguarding both the principles of democracy and individual rights.
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