Question

Explain the term judicial review. Which legal case established its use?

Answer 1

Answer: Marbury v. Madison (1803)

Step-by-step explanation:

Judicial review is a process by which courts review the legality of the actions of the other branches of government, such as executive and legislative branches. Judicial review confirms that the actions of the other branches are consistent with the law and the Constitution. The landmark case of Marbury v. Madison (1803) established the use of judicial review in the United States. In this case, Chief Justice John Marshall established the principle of judicial review by ruling that it was the Supreme Court’s duty to determine whether laws passed by Congress were constitutional or not. This ruling established the Supreme Court as the final arbiter of the laws of the United States.

Answer 2

Judicial review is the power of the courts to review and potentially strike down actions taken by the legislative or executive branches of government that are deemed to be unconstitutional. This power is not explicitly mentioned in the U.S. Constitution, but it has been recognized and utilized by the Supreme Court in a number of landmark cases.

The legal case that established the use of judicial review was Marbury v. Madison, which was decided by the U.S. Supreme Court in 1803. In that case, the Court ruled that the Judiciary Act of 1789, which had been passed by Congress, was unconstitutional. This decision established the principle that the Supreme Court has the authority to declare a law unconstitutional and therefore null and void.

Step-by-step explanation: