Study On The Nature Of Judicial Review In American Federal Courts

As one of the unique systems in the United States,judicial review in the federal courts of the United States mainly refers to the activities that the Supreme Court reviews the legislative and administrative acts of the Congress in accordance with the Constitution and laws to ensure their constitutionality.Since the formal establishment of judicial review,the theoretical and practical circles have carried out extensive research and heated discussion on judicial review from different perspectives,mainly focusing on the origin,legitimacy and the relationship between judicial review and the Constitution of the United States,but the nature of judicial review has not paid enough attention.Therefore,the author tries to explore the nature of judicial review in the federal courts of the United States in order to reveal its true nature.This article will be the first to the federal court for judicial review of the historical foundation,pointed out that the ancient natural law origin,the common law tradition and the influence of American written constitution to judicial review,secondly by marbury v.Madison,Fletcher v peck,Martin v hunter tenant to judicial review in the process of the establishment of the federal and state is analyzed,Then through the empirical analysis of Marbury case,the relationship between judicial review and the rule of law,as well as the discussion about judicial review in the period of constitution formulation and ratification in the United States,the nature of judicial review is explored.Finally,the function and influence of judicial review are briefly evaluated.