Research On American Judicial Review

More than two centuries ago, in Marbury v. Madison5U.S.(1Cranch)137(1803), Chief Justice Marshall got to establish the right that the Supreme Court can,based on the constitution, decide whether an ordinary act of the Legislature islegitimate or not, and thus gave a new beginning to constitutionally restrict theAdministrative right in American history. Nowadays, the judicial review system of theUnited States has been one of the world-renowned and influential constitutionalsupervision models.In this thesis, it is surveyed and analyzed in historical view, andits origin, developing process, core, nature, running method and features are also inthe research. And meanwhile, the value of this system is judged on the background ofthe American political system--powers separation.In Chapter One, the ideological origins and resources, and the developingprocess of the judicial review system of the United States are talked about. AndChapter Two probes the content of American judicial review for its features byanalyzing some cases. In those cases, we can see how the Supreme Court accepts anddeals with the unconstitutional cases and, therefore, what is the effect of the verdictand how it is carried out. The last chapter assesses the system dialectically. On oneside, under the constitutional conditions, it plays great roles in the respects of ensuringthe constitutional protection, balancing powers, and rescuing human rights. On theother side, inevitably, limits are existed in either its overall design or its practicalapplying. At last, considering the value and consequence of the American judicialreview system and China’s national conditions, the author gives advices on how topromote the construction of the judicial review system in China as well as itsdevelopment.By using such researching approaches as the documentary-studying method andthe comparing-and-analyzing method, this thesis aims at–with the research into thevalues and qualities of the judicial review system of U. S.--providing some ideas orinspiration for helping to form a more mature constitutional supervising mechanism in the future, if possible.