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in laws and public affairs, why is judicial review necessary? write in one double space page.

in laws and public affairs, why is judicial review necessary? write in one double space page.

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Expert Solution

The importance of judicial review in law and public affairs:

Judicial review is a concept which was first exercised around 1800s to ensure that the actions of Congress to overturn the appointment of judges. It is vital to the United States as it protects the citizens from unconstitutional laws or acts passed by the branches of government, be it executive or legislative.

When new governments emerge, there is a chance that they might pass laws based on their own agenda or interests, so who is going to keep a check on the powers of the government? The answer is judicial review. Public affairs usually involves laws passed by the federal or state government. For example, if the government of United States were to pass a law preventing the citizens from exercising their free speech or any other constitutional rights, the judicial review helps to ensure that this law is not enacted.

Similarly, even in law, judicial review has a huge and significant impact to allow citizens exercise the due procedure even after the verdict has been passed by the court. One such example is the case of Fremont Weeks Vs the United States where an unwarranted search led to the arrest of Fremont Weeks. However, the judicial review of the Supreme Court ruled that the 4th amendment which is protection against unreasonable search and seizure; and the 5th amendment which is right to not testify found in the Bill of rights, were violated.   

Overall the judicial review is highly useful and takes over cases that involve i. Any decision or order passed by the President of the United States that violates the rights of citizen ii. Rules made by a federal agency iii. If the laws enacted by Congress are found to be against the constitution iv. Mistakes made by lower courts v. If the laws passed by the state government or local violate the constitution.


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