Judicial Review | Definition, Examples & Scope
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Table of Contents
- What is Judicial Review?
- Scope of Judicial Review:
- Examples of Judicial Review:
- Marbury and Madison Case, 1803
- The decision by Supreme Court:
- McCulloch and Maryland Case & Judicial Review:
- The decision of the Supreme Court:
What is Judicial Review?
Judicial review can be defined as the power of the Supreme Court to declare null and void an act of Congress or of State legislatures which in the opinion of the court contrary to the Constitution.
Judicial review is the power of the judiciary to review the law passed by the legislature. If it goes against the constitution the court will declare it null and void. It is a unique feature of the American Constitution.
Scope of Judicial Review:
- It can be used to keep President and the Congress within the limits of their powers
- Judicial review can be used to increase the authority of the federal government
- It can be used to defend the civil rights and liberties
- It can be used to defend the right of the property
Examples of Judicial Review:
Marbury and Madison Case, 1803
This case explains that how judicial review can be used to keep President and the Congress within the limits of their powers given by the Constitution.
Thomas Jefferson defeated John Adams in the presidential election of 1800. Before Jefferson could have formally entered the office, Adam and Congress passed an Act, Judiciary Act, 1801 just one day before the oath of Jefferson. This act created many new courts and required the appointments of new judges. He passed the Act to frustrate his successor, Jefferson. All these appointments were approved by Senate also. But it was necessary for final appointments of the judges that all these appointments should be delivered their letters from the secretary of state. It was not possible for new appointees to become judges without the appointment letters from the secretary of state.
At that time the secretary of state was James Madison who was ordered by Jefferson not to deliver the letter to new appointees. James Madison was appointed by Thomas Jefferson. Madison obeyed the order of Jefferson and he refused to deliver the appointment letters. One of the people among the appointees was William Marbury he was also there to receive an appointment letter as a judge but Madison refused. Marbury filed the writ in the Supreme Court for delivery of the appointment letter.
There were three questions in front of the court.
