Judicial review of the validity of legislation in a federal system may be regarded as an exercise in the interpretation of legal texts—ascertaining whether the impugned law conflicts with the superior law of the constitution—and therefore as a matter of law in which evidence plays no part or at best a subsidiary one. In the seminal case of Marbury v. Madison, Marshall C.J. ,thus described judicial review: “If two laws conflict with each other”, then in that event “the courts must decide on the operation of each”.

An evaluation of an algorithm used to extract Threading Screw Dislocation defect data from Synchrotron White Beam X-Ray Topographical images of SiC wafers is reported.This extraction involves a two-fold process; firstly the algorithm highlights the appropriate defect and secondly updates the counter to provide a final result of defect count.The result of the automated algorithm is compared to hand counts in all cases, this allowing a critical analysis of the technique.Improvements to this algorithm have been made since last reported by the same authors, which are discussed. The analysis herein was also performed on a much larger sample of SiC wafer images than previously used by the same authors [1] allowing a better judgment of performance and critical evaluation.The algorithm is also compared with a previous algorithm that was used.Advantages and deficiencies in the algorithm are outlined and other potential avenues for extraction of the data are also discussed.