Marbury v. Madison — The Origin of Judicial Review

Exam Snapshot

Marbury v. Madison (1803) is the foundational US Supreme Court case that established the doctrine of judicial review. Chief Justice John Marshall held that the Constitution is the supreme law of the land, and the judiciary has the ultimate power to declare acts of legislature unconstitutional.

Core Concept

Nepal Law Anchors

In Nepal, the doctrine of judicial review is explicitly codified in the Constitution rather than being left to judicial inference:

Confusable Terms

Concept Judicial Review Judicial Appeal
Definition Testing the constitutional validity of a law or administrative action. Re-examining a lower court's decision on facts and law.
Source of Power Constitutional supremacy (Article 133 in Nepal). Statutory provisions (Civil/Criminal Procedure Codes).
Scope Examines the legality and constitutionality of the process/law. Examines the correctness of the decision/verdict.

MCQ Traps

Example

Imagine a national legislature passes a law banning citizens from criticizing government policies. Under the doctrine of judicial review established in Marbury v. Madison, a citizen can challenge this law in court. The Supreme Court can strike down the entire statute as unconstitutional because the basic constitution protects free speech.

Memory Hook

M&M 1803: Marbury vs Madison in 1803 made Marshall the master of Judicial Review!

Quick Revision