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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Marbury v Madison Case (US)

United States [us]

Sam Kalen

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 September 2019

Judicial review of legislation — Powers and jurisdiction of constitutional courts/supreme courts — Judicial independence — Judicial review — Federal judicial systems

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

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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