基本説明
A YBP Library Services Bestselling Professional Title (Nov. 2005). Highlights the legal issues of Marbury, the historical background of the case, important issues concerning the establishment of judicial review, and equally important issues concerning the justification of judicial review.
Full Description
Marbury v. Madison, decided in 1803, is the foundation stone of the American doctrine of judicial review. Remarkably, the case was decided without the parties having presented an oral argument to the Supreme Court. This book begins with a unique transcript of an oral argument in the case, conducted before a bench of four distinguished federal judges. The transcript is followed by essays on Marburys intellectual background, its significance in U.S. constitutional history, and the way in which we might think of constitutional theory and judicial review in terms sensitive to the historical and political contexts in which the practice persists. Distinguished commentators question some of the claims made in the essays, and offer their own perspectives on Marburys importance.
Contents
Contents Contributors 000 Introduction 000 Section I: The Oral Argument in Marbury v. Madison 1. Transcript of the Oral Argument in Marbury v. Madison 000 2. David A. Strauss, On Having Mr. Madison as a Client 000 Section II: Perspectives on Marbury v. Madison 3. Suzanna Sherry, The Intellectual Background of Marbury v. Madison 000 Comment: Susan Low Bloch, Marbury Redux 000 4. Barry Friedman, The Myths of Marbury 000 Comment: Douglas Reed, Judicial Review and the Stages of Marbury 000 5. Stephen M. Griffin, The Age of Marbury: Judicial Review in a Democracy of Rights 000 Comment: Vicki C. Jackson, A Democracy of Rights: The Dark Side? 000 Comment: Louis Michael Seidman, Marbury and the Authoritarian Straddle 000 Notes 000 Index 000
