Where is judicial review implied in the constitution

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Privacy policy About Ballotpedia Disclaimers Login. In this case, the U. Supreme Court declared one part of a federal law to be unconstitutional. In the 20th century, judicial review was incorporated into constitutional democracies around the world. In most of them, however, the power to declare acts of government unconstitutional is called constitutional review —not judicial review—and it works a bit differently than it does in the United States.

For example, the U. Supreme Court exercises judicial review, as do federal circuit courts of appeal and district courts, which also deal with various other cases that have nothing to do with constitutional issues. In most other democracies, a special constitutional court, whose sole function is to consider the constitutionality of government actions, exercises constitutional review.

Meanwhile, other courts resolve issues that pertain strictly to statutory interpretation, without any involvement of the constitutional court. Madison , the first Supreme Court decision to strike down the act of Congress as unconstitutional, with the famous line from Chief Justice John Marshall: "It is emphatically the duty of the Judicial Department to say what the law is.

Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.