Marbury v. Madison: między precedensem a artefaktem

The author considers the role of symbols, narratives and myths in the functioning of the social imaginaries on the judicial review in modern constitutionalism – on the canvas of S. Kubas’ book entitled “Guard on the Outskirts of the Constitution. Deconstruction of the founding myth of judicial review in United States of America”. The author points out that – apart from the political and legal context of Marbury v. Madison ruling – it is worth examining the universal values of the mentioned case. In the author’s opinion, the circumstances under which the ruling was issued, as well as the subsequent reception of the Marbury v. Madison, are an interesting study of the dispute over the question of who has the right to speak on behalf of the sovereign people by interpreting the provisions of the constitution. The history of the mentioned case is also a contribution to considerations on the nature and complexity of constitutional crises and the role of the judiciary and legal doctrine in shaping the legal imaginary