Overview
The purpose of the following document is to support the creation of a Constitutional Tribunal in Poland. The judicial review of the American Supreme Court will be discussed as a model. This will show how judicial review can, and does work in one of the world's most stable constitutional democracies.
Marbury v. Madison
Judicial review is not explicitly in the Constitution. Rather, it had to be established, which was successfully accomplished through a single and otherwise (relatively) unimportant Supreme Court case. The case was Marbury v. Madison, 1 Cranch 137, 174 (1803). Chief Justice John Marshall wrote the opinion, thereby reshaping American democracy forever. President John Adams was distraught over the Federalist Party losing the presidential election of 1800. He decided to make several "midnight appointments" to the judiciary at the end of his term. This would allow the judiciary to stay predominantly Federalist, even if the legislature was......
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Approximate Word Count: 1805
Approximate Pages: 7 (260 words per double-spaced page) |