Judicial Review Essay Example | Topics and Well Written Essays - 250 words

Judicial Review - Essay Example78), because it is emphatically, the province and duty of the judicial establishment to say what the legality is (Marbury Vs. Madison), and because the Constitution is the fundamental fairness, judges must give preference to it over mine run laws (11). It is the vested power of the judiciary branch of the government to strike down statutes which are inconsistent with the Constitution. In the circumstance that a conflict shall arise between two laws, it is the duty and obligation of the Court to interpret the law and has the power to determine which among these laws are contrary to the intent of the supreme law of the land or the Constitution. match to Corwin, Well-entrenched is the principle that the Constitution is superior to any ordinary act of the legislature, then, the Constitution, must govern the case to which they two apply (8). The doctrine of judicial activism holds that the federal judiciary should take an active role in apply its pow ers to check the activities of the governmental bodies, when those bodies exceed their authorities (Bardes, Shelley and Schmidt, 458). There are some judges who play as activists or a restraintists. An activist is one who presents the role of the judge as liberal wherein he applies the law in deciding the case and produces appropriate results.