The power of a court to
invalidate unconstitutional laws — «judicial review» — has been a feature of our government from the outset.
Not exact matches
According to the standard account of the matter, the power of judicial review — that is, the authority of the federal judiciary to
invalidate acts of Congress and the President when they are deemed to be
unconstitutional — came to be entrenched in our
law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.
The issue dates back to a procedural change in the
law eight years ago, and it could, potentially,
invalidate any ruling involving one of those «
unconstitutional» judges since March, 2000.
At least so long as the
laws and administrative decisions
invalidated on judicial review are
unconstitutional or illegal more often than not, judicial review increases the government's overall compliance with the Rule of
Law.
It does not usually have the effect of causing the
laws of a country to be
invalidated the way that an
unconstitutional law would be
invalidated.