Recent
Course Overview
SECTIONS
General
1
2
Emergency Provision
3
TOPIC 3: JUDICIAL REVIEW
4
Anti Defection Law in Art:70 and the Myth of Parliamentary Democracy in Bangladesh
5
Writs
6
Amendment
7
Doctrine of Basic Structure
8
TOPIC1 : SEPARATION OF POWERS
9
TOPIC 2: SUPREME COURT OF BANGLADESH
10
TOPIC 5: INDEPENDENCE OF JUDICIARY
11
Assignment
12
RULE OF LAW & Independence of Judiciary
13
Election Commission (EC)
14
TOPIC 1: MARTIAL LAW & CONSTITUTIONAL SUPREMACY
15
TOPIC 6: MASDAR HOSSAIN CASE: ATTEMPT TO REALIZE INDEPENDENCE OF JUDICIARY
16
Public Interest Litigation (PIL)
17
ADMINISTRATIVE TRIBUNAL
18
Skip to main content
Constitution Part 2 (Fall 2023)
Dashboard
My courses
LAW (AM-233)
TOPIC 3: JUDICIAL REVIEW
Marbury vs. Madison
Search forums
Search forums
Marbury vs. Madison
Display mode
Display replies in nested form
Picture of Trisna Dey
Marbury vs. Madison
by Trisna Dey - Monday, 14 August 2023, 1:27 AM
Number of replies: 0
Marbury v. Madison, legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court's opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.
The issue directly presented by Marbury v. Madison can only be described as minor. By the time the court heard the case, the wisdom of Jefferson's desire to reduce the number of justices of the peace had been confirmed (and the Judiciary Act of 1801 had been repealed) Marbury's original term was almost half over; and most people, Federalists and Republicans alike, considered the case to be moot. But Marshall, despite the political difficulties involved, recognized that he had a perfect case with which to expound a basic principle, judicial review, which would secure the Supreme Court's primary role in constitutional interpretation.
Decision:
The chief justice recognized the dilemma that the case posed to the court. If the court issued the writ of mandamus, Jefferson could simply ignore it, because the court had no power to enforce it.