Lack of Judicial Review: Implications on the Constitution





Lack of Judicial Review: Implications on the Constitution

The 1803 Supreme Court ruling in the case of Marbury v. Madison represents modern legal and political discourse because of its implications for the American Constitution. If the justice system were to nullify its judicial review process, the American political system would experience shifts in power, lack of cohesion and administration hierarchy. Without judicial review, there would be a lack of meaningful power separation between the parliament and the government rendering control difficult. Devolution of power would be complex given that majority are given administration rights. In cases where the government has a majority, it will have the authority to nullify any made laws by parliament while establishing new ones. This could put the legislature in a state of chaos if laws challenge traditional settings or constrain stability. For effective constitutional governance, it is imperative to ascertain parliamentary sovereignty as established through judicial reviews.

The Madisonian system was effective because of its special set of circumstances that necessitated Chief Judge John Marshall to render the constitution void. Important to note is that, at the time of the ruling, the American Constitution had not been affirmed thus, there was no binding force with the judiciary. Moreover, the decision in the case would still have been the same if the Constitution had been applied. With respect to modern political and legal structures, the Madisonian system would be disastrous if integrated. The system would negate the principles that restrain or limit the government in its actions. The Congress, therefore, gains unlimited power, which might infringe democratic doctrines. It is imperative to have a written Constitution because it ascertains public disclosure, controlled legislative powers, gives law life, and restricts the courts from determining which laws of the land are deemed constitutional.

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