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Essay / Research Paper Abstract
A 10 page paper that begins by defining the term 'judicial review.' The writer then discusses the governments of ancient Greece and Rome and how parts of their systems carried over to later times. The Age of Enlightenment is discussed relative to the political innovations brought about through the writings of Locke, e.g., the social contract theory, and Montesquieu, who proposed three branches of government. The founding fathers of the U.S. were highly influenced by these writers and that influence can be found in the Constitution and the division of the government into three branches. The writer reports the Marbury v Madison case where judicial review was used by Chief Justice Marsahll to declare an act of Congress unconstitutional. Bibliography lists 11 sources.
Page Count:
10 pages (~225 words per page)
File: MM12_PGjudrv.rtf
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Unformatted sample text from the term paper:
power of judicial review (Patrick, 2003). But, the U.S. Supreme Court has the final word on issues of constitutionality (Patrick, 2003). The U.S. Constitution does not expressly grant this power
to the Supreme Court (Judicial Review). Instead, like so many other laws in our nation, the power was assumed by John Marshall, the Chief Justice, in the case of Marbury
v. Madison in 1803 (Judicial Review). At that time, Chief Justice Marsahll argued that judicial review was "a necessary function of the courts" (Judicial Review). Since that time, judicial review
has simply been accepted as a basic principle, it has been accepted that the U.S. Supreme Court and only this Court has the power to determine if state and federal
laws are constitutional (Judicial Review). The concept of judicial review has a long history and can be found in the practices of the ancient Greeks (Long). In the Athenian democracy,
the state passed laws or laws evolved via popular referendum, which were then applied by governmental courts (Long). Courts functioned with juries who made decisions (Long). Interestingly, disputes between persons
or between one person and the state were most often resolved through private mediation and arbitration (Long). There was no distinction between civil and criminal courts, all lawsuits were treated
as civil suits (Long). The victim prosecuted the case rather than any legal representative (Long). Cases were brought to courts as a last resort, after having availed themselves of all
resolution options available in the civil society (Long). When any case did go to the state jury court, it was the citizens who enforced court decision (Long). One of the
aspects of the ancient worlds was the power and influence of the wealthy, a tradition that has continued throughout time (Long). It was the wealthy, the elite who made up
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