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If the concept of judicial review is not found in our constitution, how did the supreme court come to have the power to exercise judicial review? what was the argument used to justify judicial review?
Question from: Who C
October 18th, 2010 at 10:36 am
Just under a paricular circunstances.
October 20th, 2010 at 9:57 am
That was established under the Court of John Marshall, appointed by John Adams in 1801.
In the case of Marbury v. Madison established that power of the Court.
chas
October 23rd, 2010 at 1:59 am
The power of judicial review was established by the Court in the case of Marbury v Madison. The arguments used for this power were that it was inherent in the system of checks and balances; courts had reviewed the acts of legislatures in the past and the Court was very slow in using this process. In fact it was not used again until the Dred Scott Decision 54 years later.