https://arab.news/49ezh

In the 1800 US presidential election, Thomas Jefferson defeated John Adams, but before leaving office, Adams appointed a number of judges to maintain his influence. The new administration refused to comply leading to Marbury v. Madison (1803), one of the landmark cases in the history of US constitutional law.

In Marbury, the US Supreme Court found that while it was illegal for Madison, the Secretary of State, to withhold Marbury’s commission, the provision allowing Marbury to bring his claim to the Court was unconstitutional. In so doing, the decision established the power of judicial review or the right of the US Supreme Court to interpret the Constitution.

Many Common Law countries, usually former British colonies, have since enshrined some type of judicial review powers for supreme courts in their constitutions that enable Supreme Courts to strike down laws that are deemed unconstitutional.

The Government of Pakistan’s recently-announced plans to notify a new........

© Arab News Pakistan