65 constitution? Has this power been given to the Executive? The answer is an emphatic ‘no’. Has this power been given to the Parliament? The answer is emphatically ‘no’. This heavy burden of scrutinizing constitutionality of any law made by the Parliament or the administrative body of the State has been rested upon the shoulder of the Supreme Court. For that matter the Supreme Court has been assigned with the power of ‘judicial review’ by the constitution itself. The most celebrated constitutional law case ever decided pivoted on one of the constitution’s most recondite provision - according to John Marshall’s opinion for the Court in Marbury V. Madison (1803) 5 US 137, part of Congress’s 1789 Judiciary Act attempted to do what the Judicial article did not permit-namely, expand the Court’s original jurisdiction. Marshall’s Court famously proceeded to disregard this part of the act, thereby exercising a power that later Americans would call ‘judicial review’. Most constitutional law casebooks begin with

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