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2个月前
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简介...
1. 马伯里诉麦迪逊案的案件索引: Marbury v. Madision, 5 U.S. 137 (1803)
2. 至今美国最高院的展厅里都有大法官马歇尔的全身铜像,马伯里和麦迪逊的画像也被挂在了法官的用餐餐厅里。
大法官马歇尔
痴迷于治安法官的马伯里
不肯发委任状的民主共和党人,杰弗逊总统时期的国务卿麦迪逊
3. 关于确立最高院违宪审查权力的判决原文节选:
(1)If an act of the legislature, repugnant to the constitution, isvoid, does it, notwithstanding its invalidity, bind the courts,and oblige them to give it effect? Or, in other words, though itbe not law, does it constitute a rule as operative as if it was alaw? This would be to overthrow in fact what was establishedin theory; and would seem, at first view, an absurdity too grossto be insisted on. It shall, however, receive a more attentiveconsideration.
(2)So if a law be in opposition to the constitution; ifboth the law and the constitution apply to a particular case,so that the court must either decide that case conformably tothe law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determinewhich of these conflicting rules governs the case. This is ofthe very essence of judicial duty.
2. 至今美国最高院的展厅里都有大法官马歇尔的全身铜像,马伯里和麦迪逊的画像也被挂在了法官的用餐餐厅里。
大法官马歇尔
痴迷于治安法官的马伯里
不肯发委任状的民主共和党人,杰弗逊总统时期的国务卿麦迪逊
3. 关于确立最高院违宪审查权力的判决原文节选:
(1)If an act of the legislature, repugnant to the constitution, isvoid, does it, notwithstanding its invalidity, bind the courts,and oblige them to give it effect? Or, in other words, though itbe not law, does it constitute a rule as operative as if it was alaw? This would be to overthrow in fact what was establishedin theory; and would seem, at first view, an absurdity too grossto be insisted on. It shall, however, receive a more attentiveconsideration.
(2)So if a law be in opposition to the constitution; ifboth the law and the constitution apply to a particular case,so that the court must either decide that case conformably tothe law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determinewhich of these conflicting rules governs the case. This is ofthe very essence of judicial duty.
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