Search results
Results From The WOW.Com Content Network
This was the first case in which the Supreme Court struck down a state law as unconstitutional. Martin v. Hunter's Lessee, 14 U.S. 304 (1816) Federal courts may review state court decisions when they rest on federal law or the federal Constitution. This decision provides for the uniform interpretation of federal law throughout the states ...
The need for a comprehensive guide to the interpretation of the Constitution was apparent to Congress from early in the 20th century. In 1911, the Senate Manual contained the United States Constitution and Amendments with citations to decisions by the U.S. Supreme Court concerning constitutional law. [4]
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
Supreme Court [1979] 2 SCR 1016: Status of English and French in Quebec legislation. Established that all laws and regulations of the province of Quebec, as well as all courts and tribunals, must treat French and English with absolute equality. R v Sparrow: Supreme Court [1990] 1 SCR 1075: Constitution Act, 1982, section 35(1) (Aboriginal rights)
The power of judicial review has been implied from these provisions based on the following reasoning. It is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States.
The United States Constitution contains several provisions regarding criminal procedure, including: Article Three, along with Amendments Five, Six, Eight, and Fourteen. Such cases have come to comprise a substantial portion of the Supreme Court 's docket.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
Rather, an area of law that is not expressly mentioned in Canada's Constitution will have to be interpreted to fall under either the federal residual jurisdiction found in the preamble of s. 91—known as the Peace, Order and Good Government clause—or the provinces residual jurisdiction of "Property and Civil Rights" under s. 92(13A) of the ...