May 1, 2024
3 minute read
Judicial review is the power of a court to declare a law unconstitutional. It is a fundamental component of the American system of government, and it ensures that the laws passed by the legislative branch are in accordance with the Constitution. Judicial review was first established in the landmark case of Marbury v. Madison (1803), in which the Supreme Court declared that it had the power to determine whether a law was constitutional.
History of Judicial Review
The concept of judicial review has its roots in the English common law tradition. In the early days of the American Republic, the federal courts were reluctant to exercise the power of judicial review. However, the Supreme Court gradually expanded its power over time, and by the early 20th century, it had become a well-established principle of American law.
The Process of Judicial Review
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Find a path to becoming a Judicial Review. Learn more at:
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Reading list
We've selected nine books
that we think will supplement your
learning. Use these to
develop background knowledge, enrich your coursework, and gain a
deeper understanding of the topics covered in
Judicial Review.
This classic work analyzes the role of judicial review in the United Kingdom and its importance for the maintenance of the rule of law. It foundational text for understanding the development of judicial review and its significance in constitutional systems.
Provides a comprehensive overview of judicial review, exploring its history, theories, and practice in a variety of jurisdictions. It is particularly relevant for understanding the role of courts in constitutional systems and the limits of judicial power.
Examines the challenges and opportunities facing judicial review in the 21st century, including the rise of new technologies, the globalization of law, and the increasing politicization of courts. It is helpful for understanding the future of judicial review and its role in protecting individual rights and ensuring the rule of law.
Provides a comprehensive overview of constitutional law, including a significant focus on judicial review. It valuable resource for understanding the legal principles and doctrines that govern judicial review and the role of courts in protecting constitutional rights.
Explores the political dimensions of judicial review, examining the ways in which political factors influence the exercise of judicial power. It is helpful for understanding the role of courts in the political process and the potential for judicial review to be used as a tool of political power.
Examines the judicial review of legislation in a comparative context, analyzing the different approaches of different countries to the review of laws passed by legislatures. It is relevant for understanding the role of courts in ensuring the constitutionality of legislation and the limits of judicial power.
Explores the attitudinal model of judicial decision-making, which argues that the personal attitudes and beliefs of judges play a significant role in their decisions. It is relevant for understanding the potential for judicial review to be influenced by political or ideological factors.
For more information about how these books relate to this course, visit:
OpenCourser.com/topic/vaqpy2/judicial
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