Judicial Review is the first of three principals of government I will be connecting to Ford v Wainwright. The next three posts will look at how each principal connects and why that connection occurred. Let’s get down to it!
Judicial Review gives the Supreme Court the power to overturn laws and executive actions. It was originally part of the decision in the case Marbury v Madison. It survived because of two factors 1) Constitutionalism and 2) a distrust of Democracy. Judicial Review has been crucial in many instances including flag burning and free speech and the Miranda Rule and the Exclusionary Rule. Judicial Review impacts Ford v Wainwright for two reasons. First, it’s part of what overturned the Florida Court’s death penalty decision. Second, it dealt with the discrepancies in the Florida Statute that was used to determine Ford’s mental competency.
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