The Development of Modern Judicial Review in U.S.
Lei An-jun
Abstract
Lei An-jun
Abstract
The current system of judicial review in U.S.is the modern version,while its early phase is considered as both a revolutionary action opposing legislative despotism and a political action.The Marshall Court fostered judicial review to a traditional phase from the early phase.Judicial review gained much features of law and became part of court's daily routine.The transitional phase came in the late of the nineteenth century,when the court adopted substantive due process to review legislations on economy.The transitional phase expected the coming of modern judicial review.The change of constitutional and judicial notions,the constitutional revolution in 1937 and the Warren Court pushed forward together the modern judicial review,with the feature that the role of judicial departments in American political activities are more clearly accepted.Since then the judicial legislation is the judge's essential responsibility which cannot be shirked off.
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The current system of judicial review in U.S.is the modern version,while its early phase is considered as both a revolutionary action opposing legislative despotism and a political action.The Marshall Court fostered judicial review to a traditional phase from the early phase.Judicial review gained much features of law and became part of court's daily routine.The transitional phase came in the late of the nineteenth century,when the court adopted substantive due process to review legislations on economy.The transitional phase expected the coming of modern judicial review.The change of constitutional and judicial notions,the constitutional revolution in 1937 and the Warren Court pushed forward together the modern judicial review,with the feature that the role of judicial departments in American political activities are more clearly accepted.Since then the judicial legislation is the judge's essential responsibility which cannot be shirked off.
Key concepts: Judicial review, Judicial activism, Law, Political science, Legislature, Judicial independence, Politics, Legislation