Conceptof judicial review
Conceptof Judicial Review
Judicialreview refers to the power of the Supreme Court to make changes oninitially created treaties or agreements. The Supreme Court has beengranted the power to make changes on a treaty, agreement or thegovernment based on the prevailing conditions. This practice ensuresthat the constitution or treaties do not remain rigid given thepossibility of emerging issues. Therefore, the practice ensures thatthe law is flexible on plausible reasons for the purposes ofupholding justice(Ilya,2013). The United States of America is one of the countries thatintroduced judicial review. This paper discusses the origin ofjudicial review, a precedent case and the effects of judicial reviewon the US government.
Originof judicial review and precedent setting
Judicialreview in the United States becomes effective in 1803, on a caseinvolving Marbury and Madison. Madison had just been appointed as thejustice of peace in Colombia yet his commission had not yet beenavailed. The justice of peace petitioned the secretary of statesMadison in the Supreme Court (Ilya, 2013). The Supreme Court wassupposed to make provide an ultimatum for the secretary of stateconcerning the release of Marbury’s commission. Although the courthad found Madison’s actions illegal, the Judicial Act of 1789,Marbury’s petition to the Supreme Court was unconstitutional andtherefore the case was dropped.
Judicialreview has become part of the constitution as it is allowed in thejudicial act. Therefore, the Supreme Court has the power to reviewinitial treaties and statues in the constitution.
Effectsof judicial review on the US government
Asa result of judicial review, Supreme Court has neglected initialattempts of enforcing on congressional powers to grooming of personalrights which oppose both the state and local governments (Ilya,2013).
Theconstitution has been challenged several times because the judiciaryhas been the sole authority as far as interpretation of theconstitution is concerned.
Ilya,S., (2013) The Impact of Judicial Review on American Federalism:Promoting Centralization More than State Autonomy, George MasonUniversity School of Law, Oxford University press