🔰 Marbury v. Madison (1803) – U.S. Case 🔰

(Global constitutional landmark, often cited in India for judicial review concept)

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💡 Background

William Marbury petitioned the U.S. Supreme Court for a writ of mandamus to compel delivery of his commission as justice of peace.

The question was whether the Supreme Court had authority to issue the writ.

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💡 Issues

Can the Supreme Court declare an act of Congress unconstitutional?

Scope of judicial review in protecting rights.

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💡 Judgment

Chief Justice John Marshall held that:

⚖️ The Supreme Court has judicial review power to strike down laws violating the Constitution.

⚖️ The law (Section of Judiciary Act 1789) that gave the Court power to issue writs was unconstitutional.

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💡 Significance

Established the principle of judicial review.

Ensures Constitutional supremacy over legislative acts.

Inspired Indian Supreme Court jurisprudence on basic structure and judicial review (Kesavananda Bharati, 1973).

🔰 Donoghue v. Stevenson (1932) – UK Case 🔰

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🔋 Background

Mrs. Donoghue drank ginger beer containing a decomposed snail.

She suffered illness and sued the manufacturer for negligence.

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🔋 Issues

Whether manufacturers owe a duty of care to ultimate consumers.

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🔋 Judgment

Lord Atkin established the “neighbour principle”:

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely injure your neighbour.

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🔋 Significance

Foundation of modern tort law in negligence.

Duty of care principle influenced Indian tort law (e.g., M.C. Mehta cases on public safety).