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Judicial Review

1062 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 after President Adams on March 5, 1801. Before leaving office President Adams appointed Justices of the Peace for the District of Columbia, which was approved by the Senate, and signed and sealed with the official presidential seal; however, it was never delivered to the appropriate branch of government and the current President, Jefferson, ordered the Secretary of State, James Madison not to deliver the appointments (Landmark cases, 2006). One of the appointed Justices of Peace, William Marbury, petitioned the Supreme Court for a legal order asking Madison to give reason why he, Marbury, should not receive his appointment (Landmark cases, 2006). Chief Justice Marshall had to determine if Marbury had the right to ask for legal action for his appointment, did the laws of the United States allow the courts to Marbury this legal action, and did the Supreme Court have the authority to grant legal action (Landmark cases, 2006). The issue was resolved in President Jefferson’s favor because of Section 13 of the Judiciary Act of 1789, which states that cases can only go to the Supreme Court in cases that dealt with the Constitution; by ruling on Marbury’s case Congress would have exceeded its authority (Landmark cases, 2006).
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...

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