European Legal Studies Center
The U.S. Supreme Court's decision in Marbury v. Madison specifically raises the question of the legitimacy of a "horizontal" species of judicial review, that is, review by courts of the exercise of powers by the coordinate branches of government. The same question could be asked with respect to judicial review in the European Union. More particularly, how problematic or contestable has "horizontal" judicial review been within the European Union as a matter of principle? And, irrespective of its contestability, how have the courts of the European Union exercised "horizontal" review? We will find, however, that it is not the "horizontal" dimension of judicial review, with which Marbury is associated, but rather its "vertical" dimension, that has generated larger questions of principle within the E.U. constitutional system, giving rise to serious doubts as to its exercise.
George A. Bermann,
Marbury v. Madison and European Union "Constitutional" Review,
Geo. Wash. Int'l. L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/936