Marbury V. Madison: Judicial Review

1275 words - 5 pages

In the case of Marbury v. Madison the power of judicial review was granted to the Supreme Court in 1801. The Constitution does not give power of judicial review. On Adams last day in office, several government officials upheld the case. Judicial review does not exist in countries that have a centralized or unitary form of government. The elected parliament declares it is the law of the land. Halsema Proposal to Netherlands has taken the initiative to start the process of judicial review.

President John Adams and the Federalist lost the election to Thomas Jefferson. The lame-duck Federalist of Congress enacted a Judiciary Act. The act created 58 new judgeships that Adams appointed. Forty two included justiceships of the peace. “Jefferson complained that the Federalist ‘have retired into the judiciary as a stronghold’” (Black, n.d.). Towards the end of Adams presidency, many people beside Marbury were appointed to government positions. Acting Secretary of the State John Marshall had affixed the official seal for the justices of the peace to the commissions. However they did not get delivered until the day after Adams left office. The day after Thomas Jefferson was inaugurated; James Madison was the new Secretary of State was directed to withhold delivery of the commissions which included William Marbury and 16 others. Murbury sued to have his commission handed over by Madison. Because of the Presidential seal of the United States, Marbury had the right to judicial review because the seal made it official. The Supreme Court was in charge of all cases that included public ministers, consuls and ambassadors. Having this case gave the Supreme Court the power of judicial review.
Central government is the decision making power in the unitary model structure of power. “This means that decisions flow from the central or national government to the local provinces or local entitites” (PGCPS, n.d.). In England their form of government is called the Parliamentary Monarchy and the Queen Elizabeth II is the monarch for England. Crown is another name for monarch. “It serves as the head of the judiciary, commander in chief of the armed forces, supreme governor of the Church of England, and Church of Scotland, and summons and dismisses Parliament and ministers of the cabinet” (Meadows, 2001). With advice from the prime minister, the crown appoints, diplomats, military officials, judges, and archbishops and gives awards and honors. Justices of the peace known as local magistrates hear petty offenses. Local magistrates are unpaid members of the community who have been appointed by the Lord Chancellor. “Serious offenses are sent ot a Crown Court and jury of local citizens will make convictions and sentences which will be taken to the Court of Appeals for the Criminal Divisions with the final court appeals being the House of Lords” (Meadows, 2001).
The Netherlands government based on the parliamentary government and the principles of...

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