The extent of the power of ordinary courts to control the constitutionality of laws (The United States of America as an example)

Authors

  • mohamad isssa
  • Prof. Hassan Bahri Damascus University

Keywords:

Judicial Oversight, Constitutional Oversight, Ordinary Judiciary, The US Supreme Court

Abstract

The Federal Supreme Court is considered the most important judicial body in the United States of America, as it comes at the top of the federal judicial hierarchy, due to its constitutional and legal status. The Supreme Court has been entrusted with several powers with regard to constitutional oversight, which was its real breakthrough in the year 1801, in the Marbury v. Madison case and the famous judgment issued by Mr. John Marshall in 1803, which made the nature of its work centered between protecting the principle of the supremacy of the Constitution on the one hand, On the other hand, rights and freedoms are preserved, and its provisions have a firm and decisive role in many thorny issues, which made it occupy a prominent position among the American people and the world at large.

At the end of the research, we talked about the consequences of constitutional oversight exercised by the ordinary American judiciary, which is to find a balance between the federal government and the states. Emphasis on the separation of powers, in addition to the protection of individual liberties and the non-aggression of public authorities in the state.

Downloads

Download data is not yet available.

Downloads

Published

2023-12-12

How to Cite

The extent of the power of ordinary courts to control the constitutionality of laws (The United States of America as an example). (2023). Damascus University Journal for Legal Sciences, 3(4). https://journal.damascusuniversity.edu.sy/index.php/legj/article/view/2631