The Orign Of The U.S Jucial Review

All the world have the constitution now. When the first written constitution, The USA Constitution, come out, the paramountcy of the constitution is known from other common law. The paramountcy of the constitution need the safeguard, which is the found of judicial review. The decision in Madison case, by establishing the principle of judicial review, has become the symbol of this the 1803 tradition. The found of this system develop in USA, which has a special history, politics and civilization. It has a great influence to the other countries. This text tries to study from the history, civilization and Madison case, in order to have a system pestle of the judicial review. I hope my study can some help to our Chinese violation of the constitution. This text composes five aspect,The frist is the history originof the judicial review. This part uses time order, which includes the politics and law influence of Enland in colony, the state judicial review after the independency of the USA, and the discussion in the manufacture of the constitution.The second is the thought base of the judicial review. This part discusses four thought, which have a great content to the judicial review. It includes the thought of higher law, the thought of finity government, the thought of nomocracy and the thought of the devolution.The third is the symbol of the judicial review. When conditions are ripe, Madison case will come. This part talk about the reason and the judge of the Madison caseThe fourth is the influence of the judicial review. Although the Madison case is end, the influence is being and great. The judicial review is an importance part of the American constitution. Marshall has impress a great influence in the US constitution.The fifth is the epilogue. This part talk about the basic intent and meaning of the judicial review and the effection to Chinese system.