What is America’s diffused model?

Question

Is America's diffused model effective? Which aspect needs improvement?

Answer 1

U.S diffused Judicial Review

To begin with, the diffuse model of judicial review is a constitutional review. According to  Corrado (2005) America Diffused model is “the process in which all courts from the lowest courts to the highest court are tasked to review the constitutionality of administrative measures and statutes.” It is one of the main systems of constitutional review based on Madison (1803) case. In this case, U.S Supreme court declared authority of constitutional review “forming the fundamental and paramount law of the nation and consequently the theory of every such government must be that an act of legislature repugnant to the constitution is void. This theory is attached to a written constitution.’’ In essence, the re viewing power is with the judicial courts. The diffused model is effective because it gives the court power to declare any law as void. What is unique about is that it is purely a judicial body unlike the European constitutional court that is not judicial. Another benefit is the fact that ordinary courts take part in judicial review and can make an act unconstitutional. In summary, it is an effective and efficient model because the reviewing power is decentralized. From my perspective, I think a separate body should be set up in addition to the judicial courts to check the constitutionality of legislation.