2008Shixue yuekanRequires access

On the Origins and Establishments of American Judicial Review System

Guo Qiao-hua

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Abstract

The judicial review system in the United States means that the Courts,especially the Supreme Court,have the authority to examine whether the federal or state legislation or Constitution of each state is in accordance with the Federal Constitution.Its foundation is influenced by the English Common Law,and evolves on the basis of Northern American Colonial judicial practice.Although it is not explicitly stated in the federal constitution,there are some precedents in the states that judiciary has claimed acts unconstitutional and void.It indicates that judicial review originates from judicial practice not judicial logic.American judicial review includes horizontal review and vertical review.Marbury v.Madison signs the establishment of horizontal review in 1803;Martin v.Hunter's Lessee signs the establishment of vertical review in 1816.

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What this paper is about

The judicial review system in the United States means that the Courts,especially the Supreme Court,have the authority to examine whether the federal or state legislation or Constitution of each state is in accordance with the Federal Constitution.Its foundation is influenced by the English Common Law,and evolves on the basis of Northern American Colonial judicial practice.Although it is not explicitly stated in the federal constitution,there are some precedents in the states that judiciary has claimed acts unconstitutional and void.It indicates that judicial review originates from judicial practice not judicial logic.American judicial review includes horizontal review and vertical review.Marbury v.Madison signs the establishment of horizontal review in 1803;Martin v.Hunter's Lessee signs the establishment of vertical review in 1816.

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Available abstract

The judicial review system in the United States means that the Courts,especially the Supreme Court,have the authority to examine whether the federal or state legislation or Constitution of each state is in accordance with the Federal Constitution.Its foundation is influenced by the English Common Law,and evolves on the basis of Northern American Colonial judicial practice.Although it is not explicitly stated in the federal constitution,there are some precedents in the states that judiciary has claimed acts unconstitutional and void.It indicates that judicial review originates from judicial practice not judicial logic.American judicial review includes horizontal review and vertical review.Marbury v.Madison signs the establishment of horizontal review in 1803;Martin v.Hunter's Lessee signs the establishment of vertical review in 1816.

Key concepts: Judicial review, Constitution, Law, Judicial activism, Supreme court, Political science, Legislation, Judicial independence

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