Was their any earlier ides of this suggested?
In the US it is based on Marbury v Madison decided by the Supreme Court in 1803. There were previous philosophical discussions of similar concepts during the Enlightenment.
Judicial Review is not apart of the Constitution. It came from judges and politicians claiming laws they made were unconstitutional and asking the Supreme Court to review the laws. This gave the court power that it did not have by the Constitution, setting a precedence of Judicial Review.
Check:
http://en.wikipedia.org/wiki/Judicial_re
My understanding is that, in the USA, it started with the Supreme Court decision in Marbury vs. Madison.
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