Question

Define judicial review and explain john marshall’s role in establishing judicial review.

Answer 1

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional.

The unanimous opinion was written by Chief Justice John Marshall.

'Marshall Court’ shaped the law and government of the United States by testing and defining the powers of the newly adopted U.S. Constitution.

He established the principle of Judicial Review whereby the Court has the final say in deciding whether congressional legislation is constitutional.

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