Origins of Judicial Review- Tracing the Evolution of the Supreme Court’s Power to Overturn Legislation
Where did the power of judicial review come from? This question delves into the origins and evolution of one of the most significant powers held by the judiciary in many democratic systems. Judicial review refers to the authority of a court to invalidate a law or government action on the grounds that it violates the constitution or a higher law. Understanding its source requires examining the historical context, legal precedents, and the underlying principles that have shaped this power over time.
Judicial review did not emerge fully formed; rather, it evolved gradually through a series of judicial decisions and legal interpretations. The concept’s roots can be traced back to the English common law tradition, where judges have historically played a role in interpreting and applying the law. However, the modern form of judicial review, as we understand it today, owes its origins to the United States.
The United States Constitution does not explicitly grant the Supreme Court the power of judicial review. Instead, it was established through a landmark case known as Marbury v. Madison (1803). In this case, Chief Justice John Marshall, writing for the majority, declared that it was the duty of the Supreme Court to interpret the Constitution and invalidate laws that were inconsistent with it. This decision laid the foundation for the principle of judicial review in the United States.
Marbury v. Madison was not the first time the concept of judicial review had been discussed, but it was the first time a court had actually exercised this power. The case arose from the contentious presidential election of 1800, where Thomas Jefferson defeated incumbent President John Adams. As Adams left office, he attempted to appoint William Marbury as a justice of the peace for the District of Columbia. However, Marbury’s commission was never delivered, and he sued for its delivery.
Chief Justice Marshall, in his decision, ruled that Marbury was entitled to his commission, but he also held that the Supreme Court did not have the authority to issue a writ of mandamus to the Secretary of State to deliver it. Marshall then went on to assert that if a law was inconsistent with the Constitution, it was the duty of the court to declare it void. This assertion of judicial review was unprecedented and set a precedent for future cases.
The power of judicial review has since been recognized and applied in various forms across the world. In many countries, the principle of judicial review is enshrined in their constitutions or legal systems. For example, the Supreme Court of India has the power of judicial review, which it has used to strike down laws and government actions that are unconstitutional.
The power of judicial review is not without its critics. Some argue that it allows the judiciary to overstep its bounds and undermine the separation of powers. Others contend that it is essential for protecting individual rights and ensuring that the government operates within the confines of the law.
In conclusion, the power of judicial review emerged from the historical context of the United States and has since been recognized and applied in various forms across the globe. Its origins can be traced back to the landmark case of Marbury v. Madison, where Chief Justice John Marshall established the principle that the judiciary has the authority to invalidate laws that are inconsistent with the Constitution. The power of judicial review remains a subject of debate and controversy, but it is an essential component of many democratic systems today.
