Where else was the idea of judicial review theorized?
Understand the Problem
The question is asking about other instances or places where the concept of judicial review has been theorized or discussed, beyond its well-known applications in the United States. This could involve exploring other countries' legal frameworks or historical contexts where the idea has emerged.
Answer
Theoretical discussions by early legal thinkers and Founders.
The concept of judicial review was theorized by legal thinkers before Marbury v. Madison and appeared in discussions among the Founders, although it is not explicitly mentioned in the U.S. Constitution.
Answer for screen readers
The concept of judicial review was theorized by legal thinkers before Marbury v. Madison and appeared in discussions among the Founders, although it is not explicitly mentioned in the U.S. Constitution.
More Information
Judicial review became a key principle in U.S. law after the Marbury v. Madison case. However, even before this, the idea was discussed by the Founders and appeared in early legal discourses, suggesting that the judiciary could declare laws unconstitutional.
Tips
A common mistake is assuming judicial review was invented by Marshall during Marbury v. Madison. It was established in practice there, but the idea existed earlier.
Sources
- Judicial review in the United States - Wikipedia - en.wikipedia.org
- Originalists on Judicial Review : r/PoliticalDiscussion - Reddit - reddit.com
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