马伯里诉麦迪逊案研究-法律专业毕业论文.docxVIP

山东大学额土学位论文 ABSTRACT As an essenti延位ial of judicial review dOCtriI妃， M.缸bury v. Madison influences deeply on American constitutional history as to worldwide. It is a pity 也at 也e research of 吐出 trial.is not in-depth or comprehensive in C挝na. 80 吐出 article will examine the social 挝stori馆1 origin， the content and historical influence of it so as to help. the readers wi也 more understandings of 也捂住ial. Besides preface and conclusion，也is 缸ticle consists of three par臼. τhe first part，呛1e 50cial and legal background of Marbury v. Madison\ mainly describes the self-goveming social govemment structure and the transform of legal system in 18th century Colonial America. After 也ew缸。f independence ，也e traditional concepts and new ones continuously conformitied 坦 their conflicts 缸1d compromises. In order to main组扭 曲.e hard-won peace life，people devoted to probe the best legal system for America..And the judicial review doc往ine w部也.e great achievement of J. Marshall and contemporaries in 桂圆 严riod. τhe second 归口，‘吐1e origin and trial of Marbury v. Madi5On，at first 缸延ly但s J. Marshall s personal experiences，provides some details to 也.e relations挝p of J. Marshall 姐d Marb皿y v. Madi5On.τhen，this part examines 也.e fan抽出 political crisis during 1801 and 1803，what was solved wi由Americ缸菌也uque political compromising wisdom and 垣as been 也e era background of 面s trial. Finall且也is part will d岱cribe and discuss 也.e contents of the 往ial. As an important pe览。n 坦白at political αisis，Marshall judged Marbury v. Madi50n 严rfectly二 furthermo窍， he established judicial review doctrine with his eminent political wisdom. From 也en on，也.e s坦妇s of 也.e U.8. 8upreme Court was much elevated，也e American political s往ucture ch缸19ed grea垃y 部 50 on. τhe third part，呛1e historical influence of Marbury v. Madison气 discusses the early historical influence of the trial firstly. 80me main issues wil1 be involved in 也is part， for example，why such a significant trial did not arouse public controversy，how 也e e