The answer to that question is open to debate.
Judicial Review is not an American invention, but a standard feature of British common law that became part of the legal process in the United States.
Scholars typically cite Marbury v. Madison, 5 US 137 (1803) as the case that established a precedent for using judicial review, because Marbury was the first US Supreme Court decision that directly explicated the Court's power to declare an act of Congress unconstitutional (Judiciary Act of 1789, § 13). Marbury was not the first case in which the Court weighed the validity of a law against the Constitution, however, nor was it the first case challenging an law passed by Congress.
The first recorded use under the US Constitution was in 1792, when the circuit courts found an act of Congress related to military veterans unconstitutional. Congress rewrote the law -- without protest -- in 1793.
An earlier case, Hylton v. United States, 3 US 171 (1796), used judicial review to support challenged legislation, Act of June 5, 1794, (repealed in 1796), that imposed a tax "upon all carriages for the conveyance of persons, which shall be kept by or for any person, for his or her own use, or to be let out to hire, or for the conveying of passengers." In Hylton, the Court declared the carriage tax was not an unapportioned (direct) tax in violation of Article I, Section 9, of the Constitution, but rather a constitutionally allowable excise tax, as outlined in Article I, Section 8. Since Hyltonupheld an act of Congress, it is often overlooked as an example of judicial review.
Similarly, a second case that Term, Ware v. Hylton, 3 US 199 (1796), held that the Treaty of Paris (1783) superseded an otherwise valid Virginia statute and used the Supremacy Clause to nullify the law.
While Hylton v. United States, (1796), can be cited as the first instance of judicial review; Ware v. Hylton, (1796) is recognized as the first example of judicial nullification of a state law; and Marybury v. Madison, (1803), as the first example of nullification of a federal law.
AltLaw records six instances of modern cases (1950 or later) citing Hylton; approximately twenty-one cases citing Ware; and eighty-nine cases citing Marbury. These examples are probably not inclusive.
it ensures that the country's laws do not clash with constitutional values
The Supreme Court was considered the weakest branch of government until the time of Chief Justice Marshall. Marshall established that the court could declare acts unconstitutional, placing powers in the hands of the judiciary. Marbury versus Madison decided the issue and established the legal precedent.
It prevents the government from enforcing laws that violate the Constitution.
judicial review refers to the actions taken by judiciary to jurisdict
No. Article III of the Constitution required Congress to create the Supreme Court, which they did when they passed the Judiciary Act of 1789.The term "judicial review" refers to the practice of evaluating laws and policies relevant to a case before the court to determine whether they're in compliance with the US Constitution. This is a function of the Judicial Branch of government, especially the US Supreme Court.Judicial Review is has its roots in British common law, the foundation of the American legal system. Chief Justice John Marshall's formally secured the Judicial Branch's right of judicial review in opinion for Marbury v. Madison, (1803).
Judicial precedent refers to a legal case that establishes a principle or rule that can be applied by other court or other judicial body
Samuel Chase
State the legal theory which supports the Secretary of Agriculture's argument that there is "no judicial review" of the search
Ratio decidendi sets forth the legal reasoning for the decision in a case. (Obiter dictum is a judicial opinion or incidental comment that is not legally binding.)
One example of an item rooted in our legal heritage that is not explicitly mentioned in the constitution is the principle of judicial review. Judicial review is the power of the courts to review the constitutionality of laws and actions by the executive and legislative branches. This power was established by the Supreme Court in the landmark case Marbury v. Madison in 1803 and has since become an essential component of the American legal system.
Read Malaysian Legal System book, you lazy ass.
Marbury v. Madison
Mauro Cappelletti has written: 'Judicial review in the contemporary world' -- subject- s -: Judicial review 'The Italian legal system' -- subject- s -: Law 'The judicial process in comparative perspective' -- subject- s -: Courts, Judicial process, Judicial review 'Processo e ideologie' -- subject- s -: Civil procedure, Jurisprudence
it ensures that the country's laws do not clash with constitutional values
A precedent is a principle or rule that was established in a previous legal case. Precedent is used in cases with similar facts and background. The use of precedent allows for stability in common law rulings.
The word sought may be certiorari, a legal writ involved in judicial review.
The Supreme Court was considered the weakest branch of government until the time of Chief Justice Marshall. Marshall established that the court could declare acts unconstitutional, placing powers in the hands of the judiciary. Marbury versus Madison decided the issue and established the legal precedent.