Topic > Judicial Review - 977

Judicial review was adopted as a check and balance regarding the governance and interpretation of the United States Constitution. Judicial review gives the court the power to review and amend laws and government acts that violate the Constitution (Huq, n.d.). Granting the judiciary this power helps prevent government officials from using the Constitution to illegally exploit their position in making laws and regulations in the United States. Judicial review was used for the first time in an unusual way and under unusual circumstances. The most important case in the history of the Supreme Court was in 1803 with Marbury v. Madison; coincidentally, it was the beginning 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 relevant branch of government and the current president, Jefferson, ordered the Secretary of State, James Madison, not to deliver the nominations (Landmark cases, 2006). One of the appointed justices of the peace, William Marbury, petitioned the Supreme Court for a legal order asking Madison to explain why he, Marbury, should not have received his appointment (Landmark cases, 2006). Chief Justice Marshall had to determine whether Marbury had the right to seek legal action over his appointment, whether the laws of the United States permitted the courts in Marbury this legal action, and whether the Supreme Court had the authority to grant a legal action (Landmark cases, 2006). The matter was resolved in President Jefferson's favor through Section...... middle of document ......ewAHaq.pdfJudicial Review. (2011). Retrieved from http://www.judiciary.gov.uk/you-and-the-judiciary/judicial-review Landmark cases. (2006). Retrieved from http://www.pbs.org/wnet/supremecourt/democracy/landmark_marbury.htmlMorris, N. (2008, February 14). The big question: why doesn't the UK have a written constitution and does it matter? Retrieved from http://www.independent.co.uk/news/uk/politics/the-big-question-why-doesnt-the-uk-have-a-script-constitution-and-does-it-matter- 781975 .htmlSchyff, G. (n.d.). Constitutional review by the judiciary in the Netherlands: a bridge to the distant future. Retrieved from http://www.germanlawjournal.com/pdfs/Vol11-No2/PDF_Vol_11_No_02_275-290_Developments_Gerhard_van_der_Schyff.pdfThomas Jefferson on Politics and Government. (n.d.). Retrieved from http://www.famguardian.org/Subjects/Politics/ThomasJefferson/jeff1030.htm