Marbury v Madison--an analysis.

The High Court Quarterly Review | July 1, 2005| | Copyright

Abstract: Marbury v Madison, the early nineteenth century American case, profoundly affects to this day Australian jurisprudence, as a result of acceptance by the High Court of its "principles" as "axiomatic," and serves as a basis for the justification of judicial supremacy over the legislature and the executive. The attachment to Marbury rests, however, on little sustained analysis of the case itself. This article analyzes the case in its historical, political and legal milieu. The analysis reveals that there is little if any principle involved, and that the opinion has ...

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