Judicial review in USA

Judicial review in USA  

In USA like other countries the supreme court decide of different cases. But the Supreme Court of USA  has also another power and authority which is very important and unique  is called " Judicial Review ".
“Judicial Review " is the principle and authority which give the Supreme Court of USA the power of reject or abrogate any law which is made by  Congress or states. According to this power Supreme Court of USA reject or abrogate any law which is not  suit or conform  to the constitution of USA or apposite the constitution of USA or violate the Constitution .
The U.S. Constitution does not mention judicial review. This power, however, was used before 1787 by courts in several of the American states to overturn laws conflicting with state constitutions. In 1789 the Congress of the United States passed the Judiciary Act, which gave federal courts the power of judicial review over acts of state government. This power was used for the first time by the U.S. Supreme Court in Hilton v. Virginia (1796).

In 1803, the power of judicial review was used for the first time by the U.S. Supreme Court to declare an act of Congress unconstitutional (Mar bury v. Madison).As we know that the constitution of USA is superior law of the country. In his opinion for the Court in Mar bury v. Madison, Chief Justice John Marshall explained and justified the exercise of judicial review to strike down an unconstitutional act of Congress or states. He wrote, "Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the legislature repugnant to the Constitution is void. This theory  is consequently to be considered, by this court as one of the fundamental principles of our society" .
Merits  and maturities (elegance) and  Demerits and immaturities.
The Power of Judicial Review of Supreme court has different views and thoughts of different peoples. It has its own merits, significent, excellences and qualities as well as defects, demerits, immaturities and raw nesses. Some people like it and some dislike this theory. I am trying to state its merits and demerits briefly with the help of some main points.
  Merits and maturities:People and Philosopher who like and support “The Power of Judicial Review of Supreme court" praise it and describe their arguments about it. These are their main arguments:
1 .Protection and safety of constitution:The judicial review protects and cares the constitution of USA. The constitution of USA is superior law of the country. Supreme Court rejects the law of congress or states which violate the constitution and not suit the country. So it protects the constitution of USA. As Lord Brice said “Supreme Court is an alive voice of constitution ".
2 . Protection and safety of democracy:The Power of Judicial Review of Supreme court protects and save democracy. The Supreme Court rejects the law which is against the constitution of USA and in constitution there is safety of democracy.
3 . Check and balance:The protectors and supporters say that  Judicial Review create check and balance in departments and governments institutions as administration and  legislative institutions. Supreme Court prevents and stops the institutions to make laws of their free will or consent.
4 . Restriction and prevention of dictatorship:The Power of judicial review enables the Supreme Court to restrict the dictatorship of any person, institution or state. It rejects the law of congress or states which violate or opposite the constitution of USA.
5 . Protection and safety of human rights:The protectors and supporters say that the power of judicial review protects and guard the human rights. In the constitution of USA, these human rights are mentioned. If any law goes apposite or violates these rights, Supreme Court rejects it with the help of power of judicial review because it is also against or violates the constitution auto-matically.
6 . Strength of Federal Gove:There is another quality and perfection which is described by the protector of judicial review is that power of judicial review can strengthen and powerful the federal government. It rejects the law which is against the federal govt.

7 . Enhancement and enlargement of dignity and honor of USA:The protectors and supporters of power of judicial review say that this power of Supreme Court enhancement and enlargement of honor and dignity of USA in the world.
8. Protection and safety of National and Collective interests:Protection and safety of National and Collective interests is also very important point described by the supporters of judicial review. Supreme Court rejects the law which is against any national or collective interest because the national interests are very important, basic and major thing in the countries.
9 . Care about opinion of public or common people:The protectors and supporters of power of judicial review say that another quality of this power is that it does not harmful and injurious to public opinion but it care and protect the opinion of public and common people. Those who say that it is not good for public right, they are wrong because Supreme Court never reject the law which is beneficial for public and nation. It prevents or rejects only those laws which are harmful for national and public interests.
10 . Supremacy of Supreme Court:As we know that justice is very important for any society or country. Supreme Court is the main source of justice in country. The country in which judicial setup is strong and powerful can get high position and dignity among the countries. So, this power give supremacy to supreme court which is also good for public as well as the country.
11. Principle of judicial care:Initially (in beginning) Supreme Court rejects many laws without any main reasons but after few years Supreme Court made a principle for itself which is called “Principle of judicial care ". After this principle, Supreme Court only reject those law which is actually violate or apposite the constitution of USA or national interests.
These are the main arguments and points which are given by supporter of judicial review. In USA, this power of judicial review is not rejected because of these qualities. We cannot find any opponent of this authority of Supreme Court in USA in these days vary easily.
Demerits and immaturities.
Some people do not like the judicial review and Militate and oppose the Supreme Court’s power of judicial review. They describe some demerits and abuses of judicial review. I state some of their arguments briefly in form of main points.
1. Not mentioned:As we know that it is not mentioned in the constitution of USA. Therefore, the opponents of judicial review say that it is not mentioned in constitution so it is not acceptable and practicable. It is made by some judges on their own free will and consent.
2. Undemocratic:Opponents of judicial review say that it is an undemocratic system because a law which is made by many members of congress or states and these members are also selected by the whole country or state of USA is rejected and terminated by only 5 or 7 judges of Supreme Court of USA. It is an undemocratic and unpractical system and power of Supreme Court.
3. Conservativeness (olden): There is another demerit or abuse of judicial review is described by opponents of this system is that it is an olden or antiquated system because the judges are appointed for their whole life and they do not change their decisions which they announced earlier despite of  fault in decision or imperfection.
4.  Hurdle and obstacle in the way of progress:Opponents of judicial review system say that it create hurdle and obstacle in the way of progress of the country. Congress or states pass a law for progress and prosperity of the country and countrymen but Supreme Court reject the law because of it is not according the constitution or violates the constitution of USA. So it is necessary for the members of congress and states that they should have constitution in their mind not personal purposes or motives at the time forming law.
5. Dictatorship of judges:There is another demerit of this system described by the opponents of judicial review is that it create dictatorship in the mind of judges. They catch on and comprehend themselves superior of all people because of power of judicial review.
6. Personal rancor or enmity:Some time judges reject the law only because of personal rancor or enmity. They have enmity or rancor of some members of congress or states so they reject the law which passed by them. It is also an argument of the opponents of this system.
7. Superior house of USA:The opponents of judicial review system say that because of this power Supreme Court has become the third house in USA and this is superior to other two actual houses senate and House of Representatives. Supreme Court has the power of reject or terminates the law of Congress as well as states of USA. 
8. Against national interests:
There is another argument which is described by the opponents of judicial review system is that it is not useful and profitable for the country because with the help of this power Supreme Court reject any law. The selected members are not against national interests and they do not pass any law which is against national interests. But Supreme Court reject the law only because of it is not according to the constitution. They do not keep in mind national interests.
9. Opposite the theory of separation of powers:As we know that there is another theory which is used in USA is separation of powers. It means that three main institutions Judicatory, Administrator and legislature not to interrupted in their works. But the power of judicial review give the authority for interrupted the works and authorities of both other institutions.
10. Rancor and Enmity between institutions:  
People who oppose judicial review system argue that this power of Supreme Court create rancor and enmity between Judicatory and legislature. If  congress or state’s legislative pass a law which is rejected by Supreme Court then conflict or rancor is natural thing to come in the mind of both parties.
Conclusion: There is nothing in the world which is bad or good for itself but this is its uses which make him bad or good. This review system also has same situation. If Supreme Court use it only for country then it is very good but if Supreme Court uses it and keeps their own interests in mind, it is worse for country as well as countrymen.
But we know that after principle of judicial care, Supreme Court never use it against national interests and judges keeps national interests, safety, progress and dignity in their mind instead of their own interests or conflicts.
So we can say it is very useful and beneficial for the country of USA.