IDENTIFY AND DISCUSS JUDICIAL REVIEW. CITE A MINIMUM OF THREE “LANDMARK” DECISIONS OF THE SUPREME COURT AND EXPLAIN THE IMPACT OF EACH DECISION.

Identify and discuss judicial review. Cite a minimum of three “landmark” decisions of the Supreme Court and explain the impact of each decision.

Identify and discuss judicial review. Cite a minimum of three “landmark” decisions of the Supreme Court and explain the impact of each decision (Franke, 2004) (Brest, 2006).

Judicial Review

Judicial Review

Introduction

In the modern governmental system where judiciary is considered as a branch of government, if the state over runs the written law then it becomes essential for judiciary to conduct a review on the actions taken by the executive. This is a kind of a system by which elected executive of states are answerable to some of their actions that the Supreme Court of a country may find against the legislature. In such a case, Supreme Courts judges held a review to inspect the authentication of that the actions made by the elected executive of state. This law is governed differently in different states around the world. The nature of this law and principle is dependent upon the legislative of a state, which varies around the world. In this context the most obvious definition of a judicial review is that it is the authority of the courts to have a review on every of the executive actions of the state, legislative acts and at times even judicial orders (Franke, 2004) (Brest, 2006).

However, this law order according to many critics is unjust specifically when it can affect the decisions and even status of elected governments. People who have talked, and written about the Constitutional Law have been troubled by a thought that judicial review system is undemocratic. The major reason, which they state, is that why a majority Justices appointed to outlaw an act of legislative or action of an executive (Franklin, 1999) (Franke, 2004).

Discussion

The concept and law of judicial review is not a new one. If we only take the example of the judicial review system of the United States then this law was practiced in some states before the constitution. The Constitutional Convention of the United States took place in 1787 in which judicial review system was introduced, but it was practiced before that as well. In around seven states of the United States, this law was practiced. However, some critics have always spoken against this law as according to them this law limits the powers of the elected personnel of the country. They describe this act of the courts as countering the majority for which they provide a couple of conclusive evidences. Initially the state that majority lacks command over the court and secondly that courts fail to comply with views of majority (Franklin, 1999) (Franke, 2004).

Nevertheless, this law seems to be a good option to keep the central law of a country in the form in which it should ...