Essay on Judicial Review

980 Words 4 Pages
Judicial review was enacted as a checks and balance step when concerning the government and the interpretation of the U.S. Constitution. Judicial review gives the court the power to review and change laws and government acts that violate the Constitution (Huq, n.d.). Allowing the court system this power helps prevent government officials from using the Constitution to illegally use their position in making laws and regulations in the United States. The judicial review was first used in an unusual way and under unusual circumstances.
The most important case in Supreme Court History was in 1803 with Marbury v. Madison; coincidently, it was the start of judicial review. This complicated case began when President Jefferson took office
…show more content…
Judicial review in the United Kingdom is either non-existent or has a different meaning to the courts in the UK compared to the courts of the United States. There are a few reasons to the neglect of judicial review. One reason is that the UK does not have a written constitution to be placed under review in any circumstance; it does operate as if there is a constitution, which allows the country to strive as it always has (Morris, 2008). Another reason is that the United Kingdom government wants to keep politics out of the court system, keeping them unbiased and fact-based rulings; any reviews on a courts ruling in a case is done to make sure the decision was made following the law (Judicial Review, 2011). Judicial review in the UK challenge the way a decision was made not the actual ruling that was made; if you were involved in a criminal case you could have your ruling appealed, but not challenged (Judicial review, 2011). The Netherlands has the same sort of conclusions about judicial review as the United Kingdom, keeping an independent judiciary. The Supreme Court of the Netherlands is not a constitutional court and does not have the authority to change an Act of Parliament on the grounds of incompatibility with the Constitution (Constitution, government, &, 2003). The people of the Netherlands are looking to change this government view…