On The Causes Of The U.s. Judicial Review System

The American Judicial review was considered the most unique contribution to theA merican constitutional system all the time, and also it was the distinctive incarnation of American constitutional system. Correlation research always is in the tmerican constitution research key point and the hot spot. However looked from the existing material that, the academic circles mainly concentrates to the judicial examination discussion in to the American politics system discussion ,but to judicial examination system in-depth reason then very little concerns. Therefore, in this article, the author rave 2000 American president the election as as the introduction, in inspects American judicature examination system history vicissitude in the foundation, from the thought origin, the history and the realistic background makes the in-depth analysis to the American judicature examination system origin, by the time,finally explained takes the American government by law the cornerstone judicial examination system establishment by no means accidentally, but is the many kinds of factors has the with joint forces result.This article divides into three main parts. The first part has analyzed the judicial examination concept as well as the judicial examination system establishment origin. In the this article second part, the author from the early judicature examination, the reforming time judicial examination, the modern judicature examines three stages to inspect the American judicature examination system vicissitude and its the development, pointed out the judicial examination in USA development is an intrinsic development consistent logical process. The third part are partial for this article main body, the author from the thought origin, the historical tradition, the realistic background as well as the main body factor four aspects analyzes the American judicature examination system the origin.First, in the thought origin aspect, pointed out the source from to the natural law one kind of constitution high-level method idea is the American judicature examination system establishment thought fountainhead. Second, in the historical tradition aspect, has emphatically analyzed the constitutional government tradition, the legal tradition as well as the religious tradition to the American judicature examination system establishment influence. The author believed that, US'S constitutional government tradition inborn has one kind of fuzziness, displays in the constitution article is sparse but not dense, is thick but is not thin, the constitution spirit and the principle manifest are far many to the daily government operation rule. Constitution fuzziness has caused the explanation constitution necessity, judge because was considered had some kind of expertrationality ,thus logically undertook the responsibility which interpreted laws, but explained the constitution was precisely the judicial examination system establishment premise. The author pointed out that, English common law gradually influencing, the law is been supreme as well as follows the precedent the legal tradition also to have to the judicial examination system establishment the important influence. The author also believed that, the religious tradition also is a judicial examination system establishment noticeable factor. Religious forgiving perhaps may use for with the compromise spirit to explain in a Marbury document Republican Party artificial is assorted meets the antithetical couplet nation party member to expand the oneself judicature authority ambition to tacitly approve. Third, in the realistic background aspect, the author thought the judicial examination system the formation also has the profound realistic background. First is balances the federal state authority and the state authority relations, its reason lay in 1803 the judicial examination system preliminary establishment the time federal state authority small but the state authority was big, through was allowed enable the federal state to various states legislation judicial examination the authority to obtain the expansion. Next is the opposition most people tyranny, prevented the most people create the harm by the democratic name to the minority person right, after this was the judicial examination system continues in 1803 to establish gradually approves another realistic factor for the American populace which but could continue to develop. Finally, in the main body factor aspect, the author believed that, the judicial examination system establishment also is closely linked with the Marshall grand justice's political wisdom and the exquisite judicial technique.