Best Law Talks

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:

kevin What Is ...? Chief Justice John Marshall, Judicial Restraint, Marbury v. Madison

Billings Learned Hand (1872 – 1961) was a federal judge for the United States District Court in the Southern District of New York and later was the Chief Justice of the Court of Appeals for the Second Circuit.  He was from a politically active family (historically Democrat) and a line of lawyers.  Judge Hand dropped his given name of Billings early in life saying it was too pretentious.  The judge was only passingly successful as a lawyer; it wasn’t until he was elevated to the level of federal judge that his critical thought, liberal bent and attitude of judicial restraint shone vibrantly.

kevin Who Is ...? Due Process, Judicial Restraint, Learned Hand, Oliver Wendell Holmes Jr, Supreme Court of the United States