INTRODUCTION
The Supreme Court of the USA has the power of judicial review and declares any law passed by Congress as null and void if it Contradicts the provisions of the Constitution. The Constitution has not expressly given this power to it, but the Supreme Court has acquired it through its interpretations of the Constitution.
DEFINITION OF JUDICIAL REVIEW
Judicial Review can be defined as the power to determine whether an Act passed by Congress, any law enacted by the state legislature, or any public regulation professedly bearing by force any provision in the state constitution aligns with the Constitution of the USA.
EXPLANATION
Judicial Review is the most influential power in the hands of the Supreme Court, which has acquired prominence in the United States political system.
The American Constitution did not expressly give this power to the Supreme Court. However, it had been clear in the minds of the Founding Fathers to assign such a power to the Court.
ORIGIN OF JUDICIAL REVIEW
The Judiciary Act of 1789 provided a base for the Supreme Court to acquire the power of Judicial Review. The Act gave the Supreme Court the ability to affirm & reverse on appeal any decision of the High Court of the State holding.
It was the decision of Chief Justice John Marshal in the case of Marbury vs. Madison that the Supreme Court permanently acquired the power of judicial Review.
SCOPE OF JUDICIAL REVIEW
The Constitutions of the States, treaties made by the Federal Government, and the orders issued by the Federal and the State executive authorities come within its purview. However, questions of political nature do not fall within its purview. This has resulted in the restoration of public confidence in the Supreme Court.
CONSTITUTIONAL BASIS FOR JUDICIAL REVIEW
Though the Constitution is silent about Judicial Review, it seems to grant it indirectly in its provisions. One of the relevant provisions is found in Article VI, which reads in part;
“This constitution and the law of the U.S. which shall be made in pursuance thereof Shall be the supreme law of the land, and the judges in every state shall be bound thereby…”
LEADING CASE:
Case Law: Marbury Vs. Madison, 1803
Facts: In this case, President Adams appointed Marbury as Justice of Peace in the District of Columbia on the last day of his term. President Jefferson ordered his Secretary Madison not to deliver the commission to Marbury. Marbury and petitioned the Supreme Court to issue the writ of Mandamus.
Held: Chief Justice Marshall declared that although Marbury had the right to receive the commission, the court could not issue the writ of Mandamus. He further said that The Judiciary Act of 1789, which empowered the Supreme Court to issue the writ of Mandamus, was unconstitutional as it opposed the supremacy of the Constitution.
OBJECTIVES OF JUDICIAL REVIEW
The objectives of the judicial Review are the following.
(i) To Keep Congress Within Its Constitutional Limits: One of the objects of Judicial Review is to keep Congress within its constitutional limits and to declare that Congress cannot pass any law contrary to the Constitution.
(ii) To Check the President: The Judicial Review also checks the president if he is exceeding his powers and confers on him constitutional power.
(iii) To Protect the Federal Structure: The main object of Judicial Review is to uphold the Constitution by protecting the federal structure.
(iv) To Keep States Within Their Constitutional Limits: This is another object of Judicial Review to keep states within their constitutional limits.
(v) Protection of Fundamental Rights: The Supreme Court also protects the fundamental rights in the 1st Ten Amendments.
IMPORTANCE JUDICIAL REVIEW
In a country that has faith in the Separation of Powers and believes in Checks and Balances, there is no other workable alternative. Moreover, a critical appraisal of the workings of the Court reveals that during its entire history, it has declared about a hundred laws invalid, but more than a thousand times, the statutes passed by Congress did not encounter any judicial barrier.
CONCLUSION
The Judicial Review is different from the judicial interpretation of the statutes. In the judicial interpretation of the laws, the courts endeavour to find their meanings as the lawmakers understand.
Through the power of Judicial Review, the Supreme Court has consistently interpreted the Constitution to meet the needs of the times by evolving the doctrine of implied powers; it has made the centre strong at the states’ cost.
FAQs
The U.S. Supreme Court, in the case of Marbury V. Madison (1803), established the principle of Judicial Review, the power of the federal courts to declare legislative and executive acts unconstitutional. Discuss the “Judicial Review” scope and its applications in the U.S. Judicial System.
(2019-A)
Discuss the doctrine of judicial Review in the Context of the U.S. Constitution. Elaborate in light of Marbury vs. Madison’s Case (5 U.S. 137,1803).
(2017-A)
What do you understand by the term “Judicial Review”? Explain the landmark case law Marbury vs. Madison (1803).
(2016-S)
Discuss the doctrine of judicial Review and its implementation by the U.S. Supreme Court in Marbury vs. Madison in 1803.
(2016-A)
What do you understand by the term “Judicial Review”, and elaborate on the scope of Judicial Review in the administration of Justice? Discuss in light of the Marbury v. Madison case.
(2015-S)
Write a note on judicial review” in the USA constitution.
(2017-S, 2016-S)
