2012RePEc: Research Papers in EconomicsRequires access

THE FIRST ATTEMPTS OF ESTABLISHING A JUDICIAL REVIEW OF CONSTITUTIONALITY – THE CASE OF GREAT BRITAIN

Daniela Cristina Valea

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Abstract

Early manifestations of judicial review of constitutionality should be sought in the British constitutional system, although it is true that it needed the intervention of the Supreme Court of the Union States of America (1803) to build a system of judicial review in what concerns the constitutionality of laws (judicial review – named in the Anglo-Saxon system). Thus, when the forms of political control were not enough anymore, the jurisdictional review turned up. It is exercised by courts (either by all of them or only by the Supreme Court) and the arguments in favor of the organization of such a review are varied and more than convincing.

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Early manifestations of judicial review of constitutionality should be sought in the British constitutional system, although it is true that it needed the intervention of the Supreme Court of the Union States of America (1803) to build a system of judicial review in what concerns the constitutionality of laws (judicial review – named in the Anglo-Saxon system). Thus, when the forms of political control were not enough anymore, the jurisdictional review turned up. It is exercised by courts (either by all of them or only by the Supreme Court) and the arguments in favor of the organization of such a review are varied and more than convincing.

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Available abstract

Early manifestations of judicial review of constitutionality should be sought in the British constitutional system, although it is true that it needed the intervention of the Supreme Court of the Union States of America (1803) to build a system of judicial review in what concerns the constitutionality of laws (judicial review – named in the Anglo-Saxon system). Thus, when the forms of political control were not enough anymore, the jurisdictional review turned up. It is exercised by courts (either by all of them or only by the Supreme Court) and the arguments in favor of the organization of such a review are varied and more than convincing.

Key concepts: Constitutionality, Supreme court, Judicial review, Law, Political science, Intervention (counseling), Constitutional review, Politics

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