Table of Contents
Supreme Court of America and Judicial review
The Supreme Court of America has been considered as the protector of the Constitution. In this way, the Supreme Court has a very important place in the governance of the country. He has been given many rights. But the most important right is the right to judicial review.
The constitution has empowered the Supreme Court and subordinate courts to review laws made by federal or state administrators. It does not mean that the judiciary automatically reviews all federal and state statutes. The power of this review comes into force when the state or any person prosecutes a case and gives it to the Supreme Court. In other words, the Supreme Court uses it only when the validity of a law is challenged in the court.
Right to Judicial review
In America, the constitution is considered the supreme law of the country. According to its provisions, the legislative assemblies of the Union and of the Union-States can make laws. But, if there are conflicting or inconsistent parts of the provisions of the Constitution in these laws, the judiciary can review and declare them illegal and after such declaration, they will cease to be law. This power is called the ‘right to judicial review’.
Limitation of the Right to Judicial review
Since the constitution establishes the ubiquitous power, the power of judicial review should also be ubiquitous in accordance with the constitution, but there are some restrictions on it; like
- The matter of judicial review first arises when a question is raised in the court by the state or citizens about the system of the constitution.
- The Supreme Court does not give any kind of advice to the President. The judiciary has always kept itself separate from political questions and it leaves the decision of such questions to the Congress. In this regard, the following views of Judge Story are noted, “The best of political, statutory and executive matters are that of the Legislature and the departments of the Executive. As a result, they cannot be re-reviewed elsewhere. It is right to approve money for justice and to regulate trade with foreign countries. No court has the right to investigate how it exercises these rights, but it can be said that its limits The judiciary will decide where it is. “
Properties of Judicial review
- The power of judicial review has freed the judiciary from ‘the President’s prohibition and the pressure of a majority of Congress’.
- In practice, a political question arises from difficulty in the United States that does not become a judicial question in the end and as soon as a judicial question is formed, the supremacy of the court begins.
Judicial review has both its merits and demerits.
Merits of Judicial Review
- The Supreme Court does not allow the administrator to go beyond the limits of its jurisdiction. In fact, if there was not a Supreme Court in America, there would not be uniformity in the constitutional system.
- The Supreme Court’s right to judicial review only protects the protected rights of the states and the fundamental rights of the citizens.