the presentation focuses on the establishment of judicial review in USA . it describes the supporting pillars of judicial review in USA viz the federalist, the separation of power, the supremacy clause and Marbury v. Madison . it also present the limits of judicial review

1. EVOLUTION OF JUDICIAL
REVIEW IN UNITED
STATES OF AMERICA
Made by Arushi Shrivastava, student RGNUL,
Punjab

2. Introduction
The power of courts of law to review the action of executive and legislative branches
is called judicial review
The courts are vested with authority to determine the legitimacy of act of executive
and legislative branches of government
 When a decision of a case before a court depends upon the application of a statute or
upon the validity of an executive action, the court has the power and obligation to
determine whether that statute or act conforms with the provision of applicable
constitution.
A constitutional statute controls court’s decision.

3. History and the federalist
Judicial review has its roots in principle of separation of power.
Three branches of government imposes checks and balances on each other, making
neither of them superior thus protects the citizen.
Judiciary through judicial review keeps checks on the legislature and executive.
 It fulfills the role of supreme arbiter of constitution

4. Alexander Hamilton supported judicial review in the federalist,a series of papers
published to gain the support for ratification of constitution.
He wrote:
The will of the people is superior and that where the will of legislature, declared in
its statutes, stand in opposition to that of the people, declared in the constitution, the
judges ought to be governed by latter
The constitution must be regarded by the judges, as the fundamental law. The
judges are to be given the duty to ascertain the meaning of constitution and the acts
or statutes and if there is an irreconcilable variance between the two, the judges are
ought to prefer constitution over the statutes.
Thus in these paper Hamilton gave a duty to judiciary to adhere to constitution
when a statute contravenes it

5. The Supremacy Clause
The Article VI, clause (2) of the US constitution is called supremacy clause.
It states that:
The constitution shall be the supreme law of the land; and the judges in every state
shall be bound thereby, anything in the constitution or laws of any state to the
contrary notwithstanding.
Judicial review of the state laws is clearly outlined in the supremacy clause. This
clause makes sure that no state law shall violates the US constitution and that all state
courts must uphold the national law. This is done through the process of judicial
review by the state courts.
The state courts through judicial review determine whether or not the state statutes
or state executive acts are valid. They also decide the constitutionality of state laws
under state constitution.

6. Marbury v. Madison
The power of judicial review was established in Murbary v. Madison. In this
case the constitutional issue involved was that the judiciary act of 1789 gave
the supreme court original jurisdiction in cases involving the writs of
mandamus, however the constitution describes the cases which supreme
court has the original jurisdiction, and does not includes the mandamus
cases
There were two question in front of Chief Justice Marshall; first, whether
an act repugnant to the constitution can become the law of the land and
second, can court decide whether a law violates the constitution or not.
The Chief Justice Marshall observed that the constitution is the
fundamental and paramount law of the nation and therefore an act
repugnant to the constitution is void. Also it is the duty of the court to apply
the constitution and disregard the act or statute contrary to constitution,
given by constitution under supremacy clause.

7. Conclusion
The exercise of judicial review is subject to important rules of self restraint.
oJudicial review is neither automatic nor mechanical. It is only when any law
specifically challenged or when during the course of litigation in a case, the issue of
the constitutionality of any law arises that conducts judicial review. this means the
court cannot issue advisory opinion on legislation.
oThe supreme court will hear only cases or controversies, actual live disputes
between adversary parties who are asserting valuable legal rights. in addition, a
party bringing the suit must have a standing.
oThe burden of proof is on the party asserting the unconstitutionality. The court
presumes that the legislators did not intend to violate the constitution.