Marbury V. Madison to Present Day: Tracing the Evolution and Significance of Judicial Review

  • Aiman Bashir University Law College, University of the Punjab, Lahore, Pakistan
  • Yasir Rashid Khan University Law College, University of the Punjab, Lahore, Pakistan
Keywords: administrative action, administrative discretion, democratic country, judicial review

Abstract

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The concept of judicial review signifies power vested in the superior judiciary by the judiciary itself where it can revisit the legislation. The ambit of the doctrine of judicial review stretches its boundary line to the decisions of administrative authorities as well. Marbury v. Madison was essentially seen as a vital case when it was decided since it laid down the foundation of the very power. It dynamically acquired quality and prominence, nonetheless, and is currently valued by people. It is considered to be a landmark case because it established the judicial organ as the co-equal part of the government. Many people consider judicial review as an essential part of the separation of powers. Its job as a foundation of judicial power holds a practically matchless spot of significance in judicial history. The judicial review was previously implicated in Bonham’s case. It was criticized by legal advisers, judges, and laymen as, according to them, allowing unelected judges to fix the legislation drawn up by the representative institution in a democratic country is hardly justified. The current study attempted to dig out Bonham’s case rationale alongside the arguments put forward in Marbury’s case where it emerged to be the powerful tool possessed by the judicial organ of the state.

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References

Albertsworth, E. F. (1921). Judicial review of administrative action by the federal supreme court. Harvard Law Review, 35(2), 127–153. https://doi.org/10.2307/1328196

Barnett, H. (2013). Constitutional and administrative law (10th ed.). Routledge.

Cappellett, M. (1970). Judicial review in comparative perspective. California Law review, 58(5), 1017–1053. https://doi.org/10. 2307/3479676

Chairman Regional Transport Authority Rawalpindi V/S Pakistan Mutual Insurance Company Ltd. Rawalpindi (PLD. SC 14, 1991).

Chen, T. G. (2003). Judicial review in new democracies: Constitutional courts in Asian cases. Cambridge University Press.

Col (Ret) Ayub Ali Rana v. Dr. Carlites Pune and another, 630 (SC 2002).

Collector of Customs v Pakistan Petroleum Ltd, 84 (Quetta 2002).

Corwin, E. S. (1910). The establishment of judicial review. The Michigan Law Review, 9(2), 102–125. https://doi.org/10.2307/1276638

Davis, K. C. (1966). Judicial control of administrative action: A review. Columbia Law Review, 66(4), 635–678.

Fallon, R. H., Jr., Manning, J. F. Meltzer, D. J., & Shapiro, D. L. (2021). The federal courts and the federal system. West Academic Publishing.

Friedman, B. (2009). The will of the people: How public opinion has influenced the supreme court and shaped the meaning of the constitution. Farrar, Straus and Giroux.

Habib, D. I. (2020a). The basic structure of the constitution of Pakistan and judicial review of legislative actions. Journal of Historical Studies, 6(1), 91–103.

Habib, R. I. (2020b). Evolution and exercise of the power of judicial review of executive actions in Pakistan. Review Of Education, Administration and Law, 3(1), 1–10. https://doi.org/10.47067/real.v3i1.16

Langer, L. (2002). Judicial review in state supreme courts: A comparative study. SUNY Press.

Loveland, P. I. (2012). Constitutional law, administrative law, and human rights (6th ed.). Oxford University Press.

Moloney, N. (1999). Introduction to judicial review in Pakistan. Judicial Review, 4(3), 201–205. https://doi.org/10.1080/10854681. 1999.11427078

Otter, R. C. (2009). Judicial review in an age of moral pluralism. Cambridge University Press.

Redish, M. H. (1980). Judicial review and judicial power in the supreme court. University of Chicago Press.

Rosenberg, G. N. (2008). The hollow hope: Can courts bring about social change? University Of Chicago Press.

Ryan, M. (2014). Unlocking constitutional and administrative law (3rd ed.). Routledge.

Seefeld, G. H. (1940). Judicial review of administrative decisions. Marquette Law Review, 24(2), 61–80.

Smith, J. A. (2021). Judicial review and administrative discretion: Balancing powers in the legal system. Oxford University Press.

Street, A. (2013). Judicial review and rule of law, who is in control? The Constitution Society. https://consoc.org.uk/wp-content/uploads/ 2013/12/J1446_Constitution_Society_Judicial_Review_WEB-22.pdf

University of the Punjab v. Muhammad Aslam Bora, Advocate, 658 (Lahore 1988).

Venzke, A. V. (2015). Constitutional courts as positive legislators: A comparative law study. Oxford University Press.

Wolfe, C. (2019). Judicial review and American democracy. University Press of Kansas.

Published
2023-06-29
How to Cite
Bashir, A., & Khan, Y. R. (2023). Marbury V. Madison to Present Day: Tracing the Evolution and Significance of Judicial Review . Law and Policy Review, 2(1), 37-49. Retrieved from https://journals.umt.edu.pk/index.php/lpr/article/view/4557
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Articles