جستجوی مقالات مرتبط با کلیدواژه « analysis of a judgment » در نشریات گروه « فقه و حقوق »

The constitutional due process is one of the elements of modern public law, whose main special function should be considered to control the conformity of ordinary law with the constitution. Legal systems have chosen different models of the constitutional due process. One of the models of the constitutional due process is the American model, which, unlike other models, has entrusted the control of the conformity of ordinary law with the constitution to all courts. The Constitution of the United States of America is silent about this power. However, according to the common law legal system in this country, the cornerstone of this model was first laid by John Marshall, the Chief Justice of the Supreme Court, in the case of Marbury vs. Madison. The foundation of this claim and its grounds prompted the Supreme Court to base its argument on the jurisdiction of the case, delineating the governing law and negating all statutes contrary to the Constitution.The result of this decision is the formation of a model that is now implemented in all the courts of that country. The analysis of this decision requires a review of Justice Marshall's argument in this precedent-making case.