Marbury v. Madison: Judicial Review Essay

1021 Words 5 Pages
In the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court in 1801. The Constitution does not give power of judicial review. On Adams last day in office, several government officials upheld the case. Judicial review does not exist in countries that have a centralized or unitary form of government. The elected parliament declares it is the law of the land. Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review.

President John Adams and the Federalist lost the election to Thomas Jefferson. The lame-duck Federalist of Congress enacted a Judiciary Act. The act created 58 new judgeships that Adams appointed. Forty two included justiceships of the peace.
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In England their form of government is called the Parliamentary Monarchy and the Queen Elizabeth II is the monarch for England. Crown is another name for monarch. “It serves as the head of the judiciary, commander in chief of the armed forces, supreme governor of the Church of England, and Church of Scotland, and summons and dismisses Parliament and ministers of the cabinet” (Meadows, 2001). With advice from the prime minister, the crown appoints, diplomats, military officials, judges, and archbishops and gives awards and honors. Justices of the peace known as local magistrates hear petty offenses. Local magistrates are unpaid members of the community who have been appointed by the Lord Chancellor. “Serious offenses are sent ot a Crown Court and jury of local citizens will make convictions and sentences which will be taken to the Court of Appeals for the Criminal Divisions with the final court appeals being the House of Lords” (Meadows, 2001).
The Netherlands government based on the parliamentary government and the principles of ministerial responsibility. “The national government comprises three main instiutions: the Monarch, the Council of Ministers, and the States General” (State, n.d.). The Monarch is the head of state. The Queen has the power to appoint formateur and then will form the Council Ministers after the elections. Council Ministers implement the planed…

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