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HomeHomework Helppolitical-scienceJudicial Review History

Judicial Review History

The historical development of judicial review refers to the evolution of the judiciary's authority to evaluate and invalidate legislative and executive actions that are deemed unconstitutional, originating from landmark cases such as Marbury v. Madison in 1803, which established the principle in the United States. This process reflects the ongoing interplay between legal interpretation, constitutional principles, and the balance of power among government branches.

intermediate
3 hours
Political Science
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Overview

The historical development of judicial review is a cornerstone of American democracy, allowing courts to ensure that laws align with the Constitution. Established by the landmark case Marbury v. Madison in 1803, judicial review has evolved through various Supreme Court decisions, shaping the legal l...

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Key Terms

Judicial Review
The power of courts to evaluate laws for constitutionality.

Example: The Supreme Court's ruling in Marbury v. Madison established judicial review.

Constitution
The fundamental principles and laws of a nation.

Example: The U.S. Constitution outlines the structure of government.

Separation of Powers
The division of government responsibilities into distinct branches.

Example: The legislative, executive, and judicial branches operate independently.

Marbury v. Madison
A landmark case that established the principle of judicial review.

Example: This case set the precedent for courts to overturn laws.

Judicial Activism
Judicial rulings that are suspected of being based on personal or political considerations.

Example: Some argue that Roe v. Wade exemplifies judicial activism.

Judicial Restraint
The principle that courts should limit their own power.

Example: Judicial restraint encourages judges to defer to the decisions of the elected branches.

Related Topics

Constitutional Law
The body of law that deals with the interpretation and implementation of the Constitution.
intermediate
Civil Rights Movement
A historical movement aimed at ending racial discrimination and securing equal rights.
intermediate
Separation of Powers
The division of government responsibilities into distinct branches to prevent abuse of power.
intermediate

Key Concepts

Constitutional LawSeparation of PowersCase LawJudicial Activism