Definition of Judicial Review
Who decides whether an act of government oversteps the limits placed on it by the Constitution? Historically, the judges in the federal courts have made the decisions. The principle of judicial review was established early in the history of the nation. It means that federal courts have the power to review government acts and to nullify or cancel any that are unconstitutional or violate a provision of the Constitution.
Here is a list of court cases which strongly influenced Judicial Review within our nation
- Marbury vs. Madison
- Hylton vs. U.S.
- Dred Scott vs. Sanford
- Brown vs. The board of Education
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Judicial Review over time...
Magna Carta (1215)
- This document dates way back in history and involved the king being forced to sign by the people in order to establish more ground and provide more rights and equality. One example that was influenced in this document for that time was TRIAL BY JURY. The effects of this was massive and would spread throughout the world including america. A trail by jury allowed criminals to be put on an open trial and review by there own public Although this wasn't a secure point of judicial review it is instated in our nations judicial system today.
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Petition of Right (1628)
- The petition of right was basically a newer revised version of the magna cart as well as expanded addressing new things the people demanded during this time. One point that can be used is how the MONARCH WASNT ABOVE THE LAW. This is used widely in our government today but instead no one is above the constitution. Anyway this was applied to stop the king from abusing the court system seeing them self as safe from crime punishment normally given to someone. With this being used the courts could regulate and review the monarchs actions so that everyone is treated fairly and there rights are upheld.
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English Bill of Rights (1689)
- Some years after the petition of right came the english bill of rights which was the first known of its kind and highly influential around the world. Something that can be examined as judicial review from this document is how PEOPLE ARE GIVEN THE RIGHT TO FAIR TRIAL. This is similar to the point address from the magna carta. It means that anyone for any crime must be allowed a fair trial for there actions and review by there piers. This use of judicial review is greatly admired and ingrained into the US bill of rights as well.
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