Judicial Review

Abstract

Abstract In the early nineteenth century, no facet of U.S. law distinguished American law more from civilian legal systems—indeed, from many common law systems—than did the institution of judicial review, the idea that courts have the authority to review the acts of legislatures or officials and to declare void statutes and orders that conflict with the Constitution. Our sense of this institution is rooted in the famous case of Marbury v. Madison, and therefore we shall refer to it as judicial review in the Marbury sense or judicial review over legislation. The same power of review is held by the various state courts, which measure state laws and official actions under both the federal and state constitutions. Judicial review over legislation is distinct from the power of courts to review and overrule administrative decisions. This is also called “judicial review” in Great Britain, where the courts are not thought to have the power of judicial review over acts of Parliament.