Marbury v Madison
1803 · 5 US (1 Cranch) 137 (1803)
Posted By lanbuk.com
- Facts
- William Marbury asked the United States Supreme Court to order delivery of his commission as a justice of the peace, under a provision of the Judiciary Act 1789.
- Issue
- Could the Supreme Court apply a statute that gave it the Constitution did not allow?
- Held
- No. The provision was unconstitutional. Chief Justice Marshall held it is emphatically the province of the courts to say what the law is, and an Act repugnant to the Constitution is void.
- Principle
- The courts may review legislation and declare it void if it conflicts with a written constitution.
- Why it matters
- The foundation of constitutional , the model reflected in sections 124 and 127 of the 1991 Constitution.
Words and Latin in this note
- Judicial review
- The power of the superior courts to examine whether a public body acted lawfully, rationally and fairly. It looks at legality, not merits. Constitutional review of laws is a separate power of the Supreme Court. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.