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History

Judicial Independence and Constraints on Executive Power

Quick fact

The U.S. Supreme Court's 1803 decision in Marbury v. Madison established the power of judicial review, allowing courts to strike down executive actions that conflict with the Constitution—a power not explicitly written in the document itself.

Why this is interesting

You've probably heard that courts are 'independent'—but what does that actually mean when a powerful president or prime minister wants to do something controversial? Who (or what) can stop them, and why would courts have the courage to say 'no'?