O mito de Marbury v. Madison: a questão da fundação da supremacia judicial
Marbury plays an important role in the debate over the legitimacy of judicial review in the American constitutional system. Thus, this article aims to analyze critical theses to the rhetorical use of the case, with the main objective of deconstructing Marbury myth, which ensures that the case became...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6809741 |
| Source: | Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 5, Nº. 3, 2018 (Ejemplar dedicado a: setembro/dezembro - Dossiê: "The 30th Anniversary of the 1988 Brazilian Constitution"), pags. 325-347 |
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| Summary: |
Marbury plays an important role in the debate over the legitimacy
of judicial review in the American constitutional
system. Thus, this article aims to analyze critical theses to
the rhetorical use of the case, with the main objective of
deconstructing Marbury myth, which ensures that the case
became the main source of the claim of judicial supremacy.
Therefore, it analyzes revisionist contributions in order
to identify the current and real cause of decision-making.
Its focus is to show how Marbury’s Supreme Court citation
is not only to justify judicial review in controversial cases,
but also primarily to assert judicial superiority or exclusivity
in constitutional interpretation. In the end, the historical
analysis of the political aspects of the case will allow a contextualized reading, making clear that Marshall’s decision
moved away from the doctrine of judicial supremacy to
embrace a consistent position with the premises of popular
constitutionalism. |
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