What Is . . . Judicial Review?
April 7th, 2009
Judicial review is a fundamental principle in U.S. common law courts. It is this principle that establishes the judiciary’s equality with (some might argue primacy over) the executive and the legislative branches of government.
Judicial review is the principle where the U.S. Supreme Court has the authority to review all law. Based on judicial review the U.S. Supreme Court can review states’ laws, federal legislation, executive regulations and, depending on your view, Constitutional law.
Because of precedence in common law, the ruling of Marbury v. Madison (5 U.S. 137, 1803 – syllabus) establishes that the U.S. Supreme Court stands in the role of adjudicator of all other law. In the court’s opinion, Mr Chief Justice Marshall wrote:
