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Jefferson's response
In Commonwealth countries, decisions made by Ministers and other members of the executive branch can be subjected to a judicial review. The court will check to ensure that the decision maker has not acted [[ultra vires]] (beyond their authority), with any procedural impropriety, or in breach of any [[legitimate expectation]]. The courts will not impose their own decision, but rather will ensure that the process that the decision maker followed was legitimate.
In Commonwealth countries, decisions made by Ministers and other members of the executive branch can be subjected to a judicial review. The court will check to ensure that the decision maker has not acted [[ultra vires]] (beyond their authority), with any procedural impropriety, or in breach of any [[legitimate expectation]]. The courts will not impose their own decision, but rather will ensure that the process that the decision maker followed was legitimate.
==Jefferson's response==
[[Thomas Jefferson]] wrote of the doctrine of judicial review in 1804:
<blockquote>The opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature & executive also in their spheres, would make the judiciary a despotic branch.<ref>[https://founders.archives.gov/documents/Jefferson/99-01-02-0348 From Thomas Jefferson to Abigail Smith Adams, 11 September 1804]</ref></blockquote>
He wrote on the topic for many years. In 1820 he wrote:
<blockquote>You seem ... to consider the judges as the ultimate arbiters of all constitutional questions: a very dangerous doctrine indeed and one which would place us under the despotism of an Oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privileges of their corps.<ref>[https://founders.archives.gov/documents/Jefferson/98-01-02-1540 From Thomas Jefferson to William Charles Jarvis, 28 September 1820]</ref><ref>[https://books.google.com/books?id=wQ9MAgAAQBAJ&pg=PA664 John Marshall: Definer of a Nation]</ref></blockquote>
He was of the belief that because judges are not elected, this kind of power would amount to a judicial tyranny,<ref>[http://www.robgagnon.net/JeffersonOnJudicialTyranny.htm Thomas Jefferson on Judicial Tyranny]</ref> and he was of that belief for the rest of his life.
==References==
==References==
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[[Category:United States Government]]
[[Category:United States Government]]
[[Category:Law]]
[[Category:Law]]
[[Category:Legal Terms]]
[[Category:Legal Terms]]