A Brief Introduction on Judicial Review in the United States
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 hierarchy of governmental norms. As a result, the procedure and scope of judicial review differs from country to country and state to state. The power of courts of law to review the actions of the executive and legislative branches is called judicial review. Though judicial review is usually associated with the U.S. Supreme Court, which has ultimate judicial authority, it is a power possessed by most federal and state courts of law in the United States. The concept is an American invention. Prior to the early 1800s, no country in the world gave its judicial branch such authority. Part II: Judicial review in the United States Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the constitution itself. At the federal level, there is no power of judicial review explicitly established in the United States Constitution, but the doctrine has been inferred from the structure of that document. At the time of the 1787 Constitutional Convention, five of the thirteen States included some form of judicial review or judicial veto in their state
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 hierarchy of governmental norms. As a result, the procedure and scope of judicial review differs from country to country and state to state. The power of courts of law to review the actions of the executive and legislative branches is called judicial review. Though judicial review is usually associated with the U.S. Supreme Court, which has ultimate judicial authority, it is a power possessed by most federal and state courts of law in the United States. The concept is an American invention. Prior to the early 1800s, no country in the world gave its judicial branch such authority. Part II: Judicial review in the United States Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the constitution itself. At the federal level, there is no power of judicial review explicitly established in the United States Constitution, but the doctrine has been inferred from the structure of that document. At the time of the 1787 Constitutional Convention, five of the thirteen States included some form of judicial review or judicial veto in their state
References: Courts, Judges,& Politics an Introduction to the Judicial Process,2002,by Walter F.Murphy, C.Herman Prichett, Lee Epstein, Published by McGraw-Hill Higher Education The American Legal System Perspectives, Politics, Process, and Policies, second edition, by Albert P. Melone & Allan Karnes(our text book) American Law Enforcement, 1980, by Folley,Vern L, Published by Allyn and Bacon http://en.wikipedia.org/wiki/Judicial_review http://en.wikipedia.org/wiki/Judicial_review_in_the_United_States Course: Anglo-American Legal System Name: Jenny (Wu Shuwen) Class of 2008: Law4 School ID#: 0081126024