The document is a law school outline on the role of courts in constitutional interpretation. It discusses judicial review and constitutional structure, including the origins and theory of judicial review established in Marbury v. Madison. Marbury v. Madison established that courts have the power to declare legislation or executive acts invalid if unconstitutional, and that courts have an implied power to do so as well as enforce remedies. The outline examines the power of judicial review and how it relates to constitutional structure.
The document is a law school outline on the role of courts in constitutional interpretation. It discusses judicial review and constitutional structure, including the origins and theory of judicial review established in Marbury v. Madison. Marbury v. Madison established that courts have the power to declare legislation or executive acts invalid if unconstitutional, and that courts have an implied power to do so as well as enforce remedies. The outline examines the power of judicial review and how it relates to constitutional structure.
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The document is a law school outline on the role of courts in constitutional interpretation. It discusses judicial review and constitutional structure, including the origins and theory of judicial review established in Marbury v. Madison. Marbury v. Madison established that courts have the power to declare legislation or executive acts invalid if unconstitutional, and that courts have an implied power to do so as well as enforce remedies. The outline examines the power of judicial review and how it relates to constitutional structure.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
THE ROLE OF THE COURTS IN CONSTITUTIONAL INTERPRETATION
I. JUDICIAL REVIEW AND CONSTITUTIONAL STRUCTURE
a. The origins and theory of judicial review i. Marbury v. Madison: Establishment of Judicial Review 1. Power of courts to declare legislation or executive acts invalid as unconstitutional a. Implied power of the court 2. Opinion a. Marbury had a right to his commission. b. Marbury had a judicially enforceable remedy because a. to trump court decisions under section 5 legislation THE ROLE OF THE COURTS IN CONSTITUTIONAL INTERPRETATION
THE ROLE OF THE COURTS IN CONSTITUTIONAL INTERPRETATION