Judicial Review

Judicial Review

NOTE: The overall plagiarism score on turnitin is less than 5% now, which makes up the names of institutes or laws (that cannot be changed).



Introduction

Judicial review normally means it's the power of court from which a court can enforce or refuse Administrative rule or any act passed by the legislative body by judges according to their opinion about what they feel right or wrong about any law ,or if they are unconstitutional, actually it's the power of court to keep a check on all laws like federal laws, regulations, state laws or other treaties to check whether they are violating or not in accordance with the U.S Constitution.

Judicial review also has a power to state different act of congress it also serves to facilitate and lawful the power to define a boundary not only at government level but also at many other constitutional democracies where judicial review is implemented. but some people also think that this review is not suitable at many times as most of the evaluation of laws are sometime override or changed by those judges who are unelected at that time.

Discussion

In general there are different models of judicial review one is the American model & other is European model, talking about the American model it generally involves those cases which are related to real cases or any disputed matters among the parties who are interested in that matter these can be implemented through the federal court or by state courts. Judicial review in US makes its importance after the fall of Soviet Union, today in US judicial review have a prominent value in the eye of law.

Now what is European model it lies on the basis which was developed by Sir. Hans kelsen, now how it works it is practiced by those professionals who are specialized in the court of constitution, and as in contrast with USA this system is expanding more rapidly in the world .this difference arises because of the unelected judge ,this creates a issue in US system.

Constitutions define and limit the powers of the government. To be meaningful, these limits must be defined, articulated, and enforced. Independent courts are well designed to take on this function, and many have argued that it is a responsibility they cannot logically avoid. Constitutions are understood to represent a higher law than ordinary legislation; that higher law is the expression of the sovereign people themselves. Ordinary legislation is the product of the agents of that sovereign. Thus, it is impossible to imagine a court sworn to preserve and defend the constitution enforcing the inferior statute and ignoring the superior constitutional provision.

Judicial review has a long history, and early examples include Dr. Bonham's example, which was resolved by the Court of Common Supplications in England in 1610, where Sir Edward Coke ruled that statutes contrary to right and reason cannot be enforced by a court. In the United States, judicial review was first exercised by the U.S. Supreme Court in 1803 case of Madison ...