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Law Marbury vs Maddison
Marbury v Madison 1803 Background information: -‐ -‐ I: R: Case founded the principle of judicial review, i.e. the capacity of the Supreme Court to review law for constitutionality (=extension of power of judiciary) Facts: Outgoing president Adams appoints justices as his last order. Appointments are approved by senate, but secretary of state Marshall (who later becomes chief justice) does not deliver them in time. New president Jefferson declares them void. 1. Does Marbury have a right to the commission to be appointed judge? 2. If so, does the law grant remedy? 3. Does Supreme Court have the power to issue a writ of mandamus (i.e. impose the right)? 1 US constitution art 3, Judiciary
Marbury v Madison 1803 Background information: -‐ -‐ I: R: Case founded the principle of judicial review, i.e. the capacity of the Supreme Court to review law for constitutionality (=extension of power of judiciary) Facts: Outgoing president Adams appoints justices as his last order. Appointments are approved by senate, but secretary of state Marshall (who later becomes chief justice) does not deliver them in time. New president Jefferson declares them void. 1. Does Marbury have a right to the commission to be appointed judge? 2. If so, does the law grant remedy? 3. Does Supreme Court have the power to issue a writ of mandamus (i.e. impose the right)? 1 US constitution art 3, Judiciary
I. Anglo-‐American law Systems of law: common & civil law (main difference lies in source of law (customs v code) Types of law: criminal law (state v defendant: freedom at issue, public law), civil law (plaintiff v defendant: money at issue, private law) and administrative law Common law: -‐ -‐ -‐ -‐ Largely uncodified
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