If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply Which judicial principle does this passage from the Marbury v. Madison Supreme Court ruling illustrate?
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In this case Supreme Court ruling elucidates that the US law cannot be imposed if it conflicts with the Constitution - this is in accordance to the Judicial principle referred to as Judicial Review
Explanation:
- The US Supreme Court case Marbury versus. Madison in the year 1803 laid forth the principle of judicial review the federal courts were allowed to declare unconstitutional legislative and executive acts.
- This unanimous opinion was written by Chief Justice John Marshall. According to him, the Constitution is greater to any ordinary act since it is the utmost law of the land.
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