Judicial Review Process

490 Words2 Pages
Criminal Procedure and the Constitution - The U.S. Constitution and Due Process Judicial Review - what does that mean? where does it begin? where does it end? any specific examples, case law? Judicial review doctrine was established in order to stem the tyranny of the influential under which legislative and executive actions are subject to review by the judiciary. Specific courts such as the U.S Supreme Court have the power to decide whether a law enacted by a legislature is or is not constitutional. The landmark case that established judicial review was the February 24, 1803, Marbury v Madison one of the most important case in history. The decision by Chief Justice Marshall played an important role in making the Supreme court a separate branch of government with Congress and the executive. case matter presented was an unconstitutional attempt to expand the subject-matter jurisdiction of a federal court. The Court's decision invalidated § 13 of the Judiciary Act of 1789, which apparently granted the Supreme Court original jurisdiction to issue a writ of mandamus to James Madison, then Secretary of State. Because Article. III § 2 clause. 2 of the Constitution grants the Supreme Court original jurisdiction only in a limited set of proceedings, the Court reasoned an attempt by Congress to give it original…show more content…
Due process protection has its roots in the Magna Carta when King John promised that “No free man shall be taken or imprisoned … or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.” The rights of due process include a trial by an impartial jury with evidence obtained in compliance with the fourth amendment’s warrant requirement. The clause was a basis for the Supreme Court rulings in Griswold v. Connecticut (1965) and Roe v Wade

More about Judicial Review Process

Open Document