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1、摆渡论文网（）-专业留学生作业辅导中心英文paper写作-Judicial review in the United StatesThroughout the U.S. constitution, there is no provision for a federal court to have the power to conduct an unconstitutional review of the actions of the legislature and the executive branch. Americas judicial organs shall enjoy the ri
2、ght of unconstitutional censorship, its establishment is not came from enshrined in the constitution system, but from the Supreme Court granted - in the form of a constitutional case illustrates the federal judicial authority can be in the process of implementation of the constitutional government l
3、egislative authority and administrative authority of constitution supervision power operation, and then through a series of constitutional interpretation and case the referee to strengthen and consolidate such power, judicial review system to form.To study the origin of American judicial review syst
4、em, we should explore from three perspectives: firstly, we should guarantee individual freedom and rights, which is the goal; Balancing the relationship between the judiciary and the legislature is the way; It is a concrete means to use ordinary judicial departments to conduct judicial review of the
5、 ACTS of legislative departments. Therefore, common law tradition and constitutional theory are important aspects of the study of American judicial review system.It is the combination of these two factors that leads to the emergence of judicial review system. The two are complementary to each other
6、in the study of judicial review system: the common law tradition provides the impetus and basis for judicial review on its origin, and it also innovates a new judicial review mode, i.e. the incidental review conducted by the general court; The constitutionalism theory provides the system foundation
7、for judicial review, which demonstrates that the judicial department has the right to examine the legislative ACTS. It clarifies that the implementation of the constitution by the judiciary is to resolve the application of conflicting constitutions and laws, while the resolution of legal conflicts a
8、nd how to apply the law is the right given by the common law tradition.Marshall gradually established the modern American judicial review system through marbury v. Madison and a series of subsequent cases, so in a sense, Marshalls marbury v. Madison is also the source of judicial review. Early judic
9、ial review was based on the basic principles of common law and the fundamental principles contained in the basic law. In essence, it is a political action to guarantee individual freedom by restricting the abuse of power by the legislature. Therefore, the initial judicial review is to review some ca
10、ses that are clearly against the law and will arouse the attention or opposition of citizens. When conducting judicial review, the judge only reviews the suspicious circumstances, which shows the trust and respect of the judiciary for the legislature. Legislation that is contrary to principles or th
11、e spirit of the law is usually invalidated. But in the wake of the Marshall case, a new model of judicial review came into play. The logic reasoning process of judicial review is to analyze its hidden legal spirit from the text of written constitution. At the same time, excluding political disputes,
12、 judges should be neutral and have judicial independence, and not be influenced by political parties. This new judicial review mode can be understood as: first, analyze the case first, and see whether political issues or judicial issues, political issues should be excluded from the scope of judicial
13、 review. Secondly, the case should be examined in accordance with the law, especially to fully understand the semantics expressed in the constitution and the legal spirit conveyed behind, and to study whether and how the law is applied.In contemporary America, the legislative function status of the
14、judiciary is more clearly confirmed and accepted, which is also the characteristic of modern American courts. The modern judicial review system no longer follows the theory and practice of judicial review in the traditional stage. Cardozos famous quote the highest state of the judicial process is no
15、t the discovery of the law, but the creation of the law is a particularly accurate summary of the characteristics of modern judicial review.At the turn of the 20th century, judicial responsibility was continuously strengthened, and judges were required to make laws continuously, based on the legisla
16、tive factors in the judicial process. At the same time, the American constitution, because of the impact of realism, progressivism and revisionism, has changed from being sacrosanct to an incomplete document, reflecting the conflict of interests of all parties. In the interpretation of the constitution, the judge or scholar usually USES the common law to understand the constitution, that is, the judge has the discretion to interpret the constitu
