Question

In which landmark case was judicial review first exercised by the Supreme Court of the United States?

Answer 1

Judicial review is the power of Superior Court to check the Constitutionality of the laws made by the legislature and actions of administrative authority and declare them unconstitutional or ultra vires(beyond the scope of law) if they are violative of the Constitution or inconsistent with the Constitution. This power puts a restraint on legislative as well as executive organs of the Government. The Doctrine of Judicial review was for the first time formulated by the Supreme Court of America in the historic case of "Marbury v. Madison". Chief Justice Marshall observed that "the constitution is the paramount law of the nation and every act of the legislature which is repugnant(violative) to the Constitution is void(illegal). The American Constitution does not expressly provide for the power of judicial review of Court while the Indian Constitution contains an express provision (article 13) for judicial review. The power of judicial review is exercised by the Supreme Court and High Court in India.