State v. Myers

(specially concurring).

JUDICIAL REVIEW AS A DOCTRINE

Judicial review is not explicitly mentioned in the United States Constitution or amendments thereto. Often, the judiciary comes under stern criticism because of the doctrine of “judicial review.” One might very well ask, what is judicial review? In my mind-set, it is this: Courts, having the duty to uphold the Law, must, when called upon to do so, compare a certain law, statute, municipal ordinance, or executive edict with the constitution, to determine if that promulgation of authority conflicts with the constitution. If it does, that…