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Palestra 9-2020

Process of shaping the position of the US Supreme Court as constitutional court – commentary to the US Supreme Court judment of 24.02.1803 in the Marbury v. Madison case

The Supreme Court of the United States of America, ruling on 24.02.1803 in the Marbury v. Madison case, case number 5 US 137 (1803) questioned its own congressional power conferred on the order to issue a document to appoint a judge of peace, indicating that the act was unconstitutional and, as a consequence, established non-constitutional norms legal. Challenging the federal law, the Supreme Court has taken up the assessment of the federal law’s relationship with the Constitution as a supreme-order legal act and the relationship between the judiciary and the legislature, as well as the issue of constitution standards in a manner appropriate to the constitutional court. The importance of the Supreme Court’s judgment in the Marbury v. Madison case is a development of the judicial review institution, known in the tradition of common law, which determines the court’s competence not to take into account, when adjudicating, legal norms passed by the legislative authority contrary to the law of nature as a hierarchically higher order law. The Supreme Court ruling in the case of Marbury v. Madison entered the law of nature into the constitution. In the justification of the judgment in question, the sources of judicial review have been indicated, which justify the legitimacy of courts to assess the compliance of normative acts with the Constitution. The competence of the Supreme Court to assess the validity of laws by confronting their content with the constitution was derived both on the basis of the literal content of the constitution and by referring to the competence to set the legal norms of the constitution by the Supreme Court in a way that goes beyond the scope of its text and takes into account the law of nature and the doctrine of the fathers of the constitution USA. The US Constitution, therefore, is positioned as an act not only hierarchically of the highest order, but one that contains natural rights, natural laws that are the foundation of social order. The constitution, as a reflection of the foundation of rights, was placed under the protection of the Supreme Court, which as a guard has the last say as to the validity of the law outside political issues. The discussed judgment of the Supreme Court had an impact on shaping the competence of the judiciary to control the legislative authority in the process of applying the law through the assessment of compliance of acts with the constitution in a final manner determining their validity.

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