Judicial review is used to correct legislative branch errors

Judicial review celebrated and criticized in the democracy?

Judicial review allows judges to correct errors made by the legislative branch. If a law clearly violates constitutional rights, the court has the power to rectify the situation. A classic example of a celebrated use of judicial review was the U.S. Supreme Court's 1954 decision in Brown v. Board of Education. The U.S. Supreme Court determined that public schools must be desegregated because segregated public schools violated the Equal Protection Clause of the Fourteenth Amendment.

On the other hand, judicial review is criticized because it enables judges to thwart the will of the people as expressed in popular laws. For instance, the U.S. Supreme Court can strike down a law that Congress and the American people largely support. This to some is undemocratic and gives too much power to the judiciary.

Is judicial review an American invention?

No, judicial review clearly can be traced to the English system of common law. In 1610 English jurist Sir Edward Coke wrote: "when an act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the Common Law will control it and adjudge such Act to be void." Several statecourt jurists in early America also assumed the power of judicial review for the court.

Why do some consider the judicial branch the least powerful branch of government?

The judicial branch - even though it has the power to interpret laws - is considered the weakest of the three branches by many because it cannot ensure that its decisions are enforced. This dilemma was famously explained by President Andrew Jackson, who did not like two decisions by the U.S. Supreme Court that ruled in favor of the Cherokee Indians in a dispute with the State of Georgia. Jackson famously said: "John Marshall has made his decision, now let him enforce it."

However, federal judges have great power due in part to their longevity. Federal judges receive life appointments under the Constitution. This insulates them from the political pressures that state judges - most of whom serve for specific terms and face re-election or retention - encounter.

Does the Constitution specify the number of U.S. Supreme Court justices?

No, the Constitution does not mention how many justices must serve on the U.S. Supreme Court. The Judiciary Act of 1789, provided for a Chief Justice and five associate justices. In 1801, a new law provided that the Supreme Court would consist of one chief justice and four associate justices. In 1807, the number of associate justices was set at six.

In 1837, there were eight associate justices. In 1864, Congress changed the number of associate justices to nine, meaning there were a total of ten Supreme Court justices (nine Associate Justices and the Chief Justice). In 1869, Congress passed a law setting the number of associate justices at eight. Since that time, there have been nine Supreme Court Justices.

1. Duties that apply to the insured in case of an occurrence
This condition comprises six subparagraphs. First, the duties after occurrence condition has an introductory paragraph that states that in case of an occurrence, an ins...

2. Liability policies include the provision of bankruptcy of the insured
Bankruptcy of an insured This provision is required to be included in liability policies in many states. It provides that the bankruptcy or insolvency of an ins...

3. Insurance coverages have various conditions that apply to them
Cancellation The cancellation condition in the standard ISO HO 3 homeowners policy is often superseded by specific states' statutory limitations on cancellation...

4. Structure of the standard personal car insurance policy
Structure of personal car insurance policies As with homeowners policies, there is a standard personal car insurance policy published by the Insurance Services ...

5. Concepts of the personal car insurance policy are very complex
The concepts embraced by this definition contained in the ISO personal auto policy are relatively complex. Most of these concepts appear in one form or another in the p...

6. Purpose of insurance coverage exclusion for owned or rented property
Insurance coverage for owned or transported property This exclusion precludes coverage for property damage to property owned or being transported by the insured...

7. Provisions applicable specifically to auto liability coverages
Car insurance limit of liability The ISO personal auto policy limit of liability condition is quite simple. It provides that the per accident limit of liability...