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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Marbury v Madison Case (US)

Sam Kalen

Judicial review of legislation — Powers and jurisdiction of constitutional courts/supreme courts — Judicial independence — Judicial review — Federal judicial systems
1. Perhaps no decision in American law is more famous than Chief Justice Marshall’s opinion in Marbury v Madison ( Marbury ) decided in 1803. It has since become the iconic opinion establishing the ability of the Supreme Court of the United States to review the constitutionality of statutes passed by the US Congress, and it is one of the Court’s first forays into the judiciary’s function in reviewing actions by the executive branch ( judicial review ; powers and jurisdiction of constitutional courts/supreme courts ). Not surprisingly, therefore, the opinion...
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