THE ORIGINS AND FUNDAMENTS OF THE JUDICIAL REVIEW

AN AMERICAN CONSTRUCTION

Abstract

This article aims to address the origins and foundations of the judicial review, intending to demystify the excessive importance given to the Bonham case and the doctrine of Edward Coke, given that was crucial to the constitutionality control were instituted in the United States historical the facts that produced the country's independence and attachment to the idea of rigidity and supremacy of the constitution. Therefore, by the analysis of the traditional judicial review authors it was possible to demonstrate a palpable conflict between a minority of authors that justifiably denied the relevance of Bonham’s case and the doctrine of Edward Coke. The work takes into account the fact that even in traditional doctrine, as can be seen authors citing previous cases the Marbury v. Madison that was analyzed by the Supreme Court the constitutionality of control. As a result, it was possible to prove that more than thirty judicial review cases were prior to Bonham case, and that the Edward Coke’s doctrine was not relevant for the creation of the North-American judicial review. It was also possible to conclude that Marbury v. Madison became important for the judicial review manly because of the circumstances involved other than the real significance of the leading case itself.