Judicial Review Essay - 1099 Words

Judicial Review The Judicial Branch is one of the three branches of government, established in the United States Constitution. The Judicial Branch is a dual court system consisting of States Courts, and the Federal Courts, each have their specific jurisdiction. The States Courts hear all cases within the State. The Federal Courts only hear cases involving a Federal issue, an appeal from a lower courts decision and cases involving diversity of citizenship. Diversity of citizenship cases involve people from different states, cases that involve a United States Citizen and a foreign government, or cases that have two states against each other. The Federal and States Courts also have specific court districts within their jurisdictions. The†¦show more content†¦The first time the Supreme Court acted on its Judicial Review power against the Executive Branch was in 1804, in the Little V. Barreme, also known as the Flying Fish Case. In this case a Danish Vessel called, The Flying Fish, was captured by Captain Little of the United States Navy after Congress passed the, †An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof† Act. This Act ordered Naval Commanders to seize any American vessels sailing to the French Ports on the high seas, or any American Vessels suspected of any traffic or commerce with the French and return that vessel to the nearest American Port. The Danish Vessel sued the Captain Little for Trespassing, The District Court ruled that, the vessel be restored to the original owners, but denied damages for the seizure of the vessel. The Danish Vessel appealed their case to the Circuit Court, which overturned the ruling and forced Captain Little to pay damages for the seizure of the Danish Vessel. Captain Little appealed the case to The Supreme Court, where they reviewed the decision of, The Circuit Court of Massachusetts, which had over ruled the decision of The District Court. The Supr eme Court decided, The Circuit Court made the right Judgment and their decision was upheld. John Marshall was the Supreme Court’s Chief Justice in both of these cases. He used the courts Judicial Review Power, in the sameShow MoreRelatedJudicial Review2674 Words   |  11 Pagescontroversy of judicial review which at extreme points, is called judicial activism, is a concept new to India. Judicial review can be defined as the judiciary, in the exercise of its own independence, checking and cross checking the working of the other organs of the government, while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary, judicial activism is â€Å"a philosophy of judicial decision-makingRead MoreJudicial Review : The Constitution1168 Words   |  5 PagesJudicial Review is the power of courts to determine whether or not actions by the government are valid. The courts adjudicate the constitutionality of the governmental actions under review to ensure their validity. Under judicial review, the government actions under consideration for validity are presidential orders and actions, as well as legislation by Congress. In other words, judicial review is a check on the executive and legislative branches of the government. Judicial review checks these governmentalRead MoreJudicial Review : The Supreme Court968 Words   |  4 PagesJudicial review is the idea that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch, most commonly the Supreme Court. It allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution, as they interpret the document. This process is paramount in protecting the validity of the Constitution as well as upholding the laws set forth by it as well. JudicialRea d MoreJudicial Review And The Indian Courts2740 Words   |  11 PagesJUDICIAL REVIEW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. The judiciary tries to undo the harm that is being done by the legislature and executive and they also tryRead MoreJudicial Review and Judicial Supremacy: a Paradigm of Constitutionalism in Nigeria.15519 Words   |  63 PagesJUDICIAL REVIEW AND JUDICIAL SUPREMACY: A PARADIGM OF CONSTITUTIONALISM IN NIGERIA. By A.T.Shehu, PhD( ABSTRACT This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. This is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of theRead MoreJudicial Review : The United States1242 Words   |  5 Pagescase that they play a very big part in the public’s policy making. Judicial review is the primary role of the federal courts to discuss back and forth if a law is unconstitutional. Judicial review can also regulate the acts or behaviors that the Executive and Judicial carry out in legislation and the Courts may choose to declare those actions taken by the other branches or not those actions are unconstitutional or not. Judicial review is also the main source of power in the Supreme court s. It hasRead MoreJudicial Review And The Indian Courts1444 Words   |  6 PagesPolitical Science Essay Monsoon Semester 2014 Submitted by- Pradyumna Soni 214048 JUDICIAL REVIEW AND THE INDIAN COURTS Introduction Judicial Review is basically an aspect of judicial power of the state which is exercised by the courts to determine the validity of a rule of law or an action of any agency of the state. The courts have the power of testing the validity of legislative as well as other governmental action with reference to the provisions of the constitution. TheRead MoreJudicial Review : The United States813 Words   |  4 PagesThe judicial review is the convention concealed by the executive and legislative activities which are liable for the judiciary to look over. Particular courts that have judicial review authority must repeal the demonstrations of the state. This happens when it discovers them inconsistent with a higher power. Judicial review is a case of the detachment of forces in a present day administrative framework. This rule is translated diversely in distinctive wards, so the method and extent of judicial reviewRead MoreJudicial Review : An Intrinsic Necessity1312 Words   |  6 Pages Submissions to the High Court Regarding Judicial review is an intrinsic necessity to the Australian Government and is a critical aspect in enforcing accountability of both the legislative and executive branches. Essentially, the actions of constituent legislative and executive branches are subject to review, regardless of these governmental counterparts holding authority exceeding that of the judiciary. In fact, a number of provisions for judicial review are upheld by the Australian ConstitutionRead More The case against Judicial Review Essay892 Words   |  4 PagesThe Case Against Judicial Review In order to make a case against judicial review it is first important to understand the origins. Born in 1803 out of the landmark United States Supreme Court decision of Marbury V. Madison, judicial review gives the court the power to invalidate any law repugnant (or in conflict with) to the constitution. Judicial review has for the courts, become a self made license to strike down legitimately made legislation by democratically elected representatives