Judicial Review Pros And Cons

MIDTERM EXAMINATION 1) Judicial Review It is often agreed that the chief "weapon" of a Court is the power of judicial review. In the United States Constitution there is no specific mention of such a power yet few would seriously contend that no such power exists. What are the sources of the U.S. Court's power of judicial review? The principle of judicial review is rooted in the supremacy of the U.S. Constitution over all other laws in the United States. If the Constitution says something like “Congress shall make no law abridging the freedom of speech”, and Congress passes a law that does, the Court exercising the power of judicial review determines that the Congressional act is an unconstitutional violation and must be voided.
Judicial review has several meanings. It may refer to review by judges of governmental officials to determine whether the governmental officers are acting within their official capacity of exceeding their powers. Secondly there is a judicial review for the federal systems for policing the powers that have been distributed between the states and the central government. Third, there is the judicial review that may mean the power of the courts to invalidate or refuse to enforce statues, treaties, or executive orders that may violate or are unauthorized by the constitutional law. There is no explicit grant of this power to the Courts in the Constitution, however it is implied in the document but nowhere are the Courts given the power to invalidate a law passed by a legislature. The power in reality is