The Supreme Court of the United States and Judicial Review
作者:任东来
来源:
时间:2015-07-02
As one of the most authoritative courts in the world, the Supreme Court of the United States gains its authority, to a large extent, from its final say on matters concerning the Constitution. The interpretation of the Constitution, in the institutional form of judicial review, makes it possible for the Constitution to advance and adjust with the times. At the same time, it also triggers a ceaseless controversy over whether the Supreme Court has overstepped its power. The history of the Supreme Court reveals that the courts and justices, though seemingly neutral, cannot be free from the influence of the times and the intervention of political power. The judicial liberalism or judicial conservatism, judicial activism or judicial restraint, can only be understood within the historical context. Similarly, the counterdemocratic, countermajoritarian difficulty of judicial review can only be explained within the unique systemic framework of federalism and electoral politics of the United States.