A Brief Introduction on Judicial Review in the United States Essay

1950 Words Nov 29th, 2011 8 Pages
A Brief Introduction on Judicial Review in the United States
Part I: A Brief Introduction on Judicial Review
Judicial review is the doctrine in democratic theory under which legislative and executive actions are subject to review, and possible invalidation, by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, such as the terms of a written constitution. Judicial review is an example of the functioning of separation of powers in a modern governmental system (where the judiciary is one of three branches of government). This principle is interpreted differently in different jurisdictions, which also have differing views on the different
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Raub(1825).Other debates and controversies followed. But Marbury v. Madison has been ratified by time and practice and has become a cornerstone of the larger constitutional system

Marbury, of course, stands only for the proposition that judges can declare acts of Congress invalid. In subsequent cases Marshall asserted that judges could also declare invalid executive orders or actions (Little v. Barreme, 1804 ) and upheld the Judiciary Act of 1789, under which Congress gave the Supreme Cour power to review and reserve decisions upholding the constitutionality of state statutes (Martin v. Hunter’s Lessee, 1816;Cohens v. Virginia, 1821). Taken collectively, these cases provide federal judges with impressive tools for monitoring governmental actions, tools that they have not always been hesitant to use. Through the end of the 1990s, the Supreme Court has invalidated nearly 140 federal statutes and some 1,200 local laws . State courts too, with their own power to strike down acts passed within their jurisdiction, are active monitors of their governments. One scholar estimates that state justices invalidate nearly 25 percent of all laws challenged in their court rooms.

Through judicial review, state courts determine whether or not state executive acts or state statutes are valid. They base such rulings on the principle that a state law that violates the U.S. constitution is invalid. They also decide the constitutionality of state laws under…