Initial Analysis Of Formation Of American Judicial Review

Judicial Review means the power to declare the violation of constitution of the laws that passed by the congress or the act done by government and announce them invalidity. The discussions about Judicial Review now mainly focus on the influence of American Political system and ignore the reason of formation. So this article holds that the key to understand Judicial Review is to delve into the value and traditions that supported the system. The article is divided into four chapters. Firstly, we will explain the concept of Judicial Review and its formation process. Second, we will analyze the reason of formation of Judicial Review from three aspects: the balance and check of power and its influence, the common law and its evolution in the United States, the religion's impact on the legal system. And at last, the article will emphasize that we must be cautious to the transplantation of the system because it would be helpless when the system lose its value and traditions that supported it.