What is the doctrine of judicial review and how does it affect the way lawyers and the practice of law are regulated?

What will be an ideal response?


Judicial review is the power of a court to “declare what the law is” from whatever the source,
be it a lower court, an act of a legislature, or an act of an executive branch. The doctrine
extends from Marbury v. Madison, the United States Supreme Court case from 1803 that
turned the United States Supreme Court from an afterthought into the final arbiter of power
in the nation. Specifically, judicial review allows an appellate court to overturn a statute
under the grounds that the statute violates the Constitution. As it concerns the practice of law,
judicial review, along with tradition, allows a state supreme court to declare unconstitutional
statutes that concern the regulation of the practice of law, or statutes that allow nonlawyers to
engage in certain legal acts, such as representing claimants before state administrative
agencies. Although some states’ judiciaries do allow their legislatures to get involved in the
lawyering policy, many courts protect their turf, claiming that legislative attempts to regulate
the practice of law violate the separation of powers doctrine.

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What will be an ideal response?

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