Judicial Review: The American Judicial And Constitutional Process

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The doctrine of judicial review is an integral part of the American judicial and constitutional process even though it is not mentioned in the U.S. Constitution. In 1803, in the famous case of Marbury v. Madison , the U.S.Supreme Court clearly and specifically claimed that it had the power of judicial review and it would review the constitutionality of the Acts passed by the Congress. The Constitution of Canada or Australia does not contain any express provision for judicial review yet judicial review has been developed as an integral part of the constitutional process. In England as there is no written constitution the courts have resorted to indirect judicial review. Although courts in England cannot declare an Act of Parliament ultra vires,

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