United States
Marbury v. Madison (1803)
Set up the rule of judicial review, giving courts the power to declare laws unconstitutional and thus invalid.
McCulloch v. Maryland (1819)
Confirmed federal sovereignty over state legislations and vindicated congressional implied powers
Brown v. Board of Education (1954)
Also read:
- https://nexgenlegalaid.com/20-frequently-asked-questions-about-constitutional-law/
- https://nexgenlegalaid.com/the-25-most-influential-amendments-in-constitutional-history/
- https://nexgenlegalaid.com/30-minute-overview-understanding-the-role-of-constitutional-law-in-modern-governance/
Ruled segregation of races in public schools unconstitutional
Roe v. Wade (1973)
Expressed the right of women to choose abortion of the freedom of privacy.
Miranda v. Arizona (1966)
Made law enforcement notify a person of their rights when taken into custody (Miranda rights).
Citizens United v. FEC (2010)
Extended First Amendment corporate political speech rights.
Loving v. Virginia (1967)
Declared bans on interracial marriage unconstitutional.
Obergefell v. Hodges (2015)
Confirmed the right to same-sex marriage under the Fourteenth Amendment.
India
Kesavananda Bharati v. State of Kerala (1973)
Introduced the “basic structure doctrine,” which limited the power of Parliament to amend the constitution.
Maneka Gandhi v. Union of India (1978)
Enlarged the concept of Article 21, that is the right to life and liberty.
Minerva Mills v. Union of India (1980)
Restored the balance between fundamental rights and directive principles.
Vishaka v. State of Rajasthan (1997)
Delivered guidelines to sexually harass any female employee.
Navtej Singh Johar v. Union of India (2018)
Struck down Section 377 of the IPC as a form of de-criminalizing homosexuality.
S.R. Bommai v. Union of India (1994)
Established the limits of state emergency powers and separation of religion from the state.
United Kingdom
Entick v. Carrington (1765)
Protected the right to privacy from state unlawful search and seizure.
R (Miller) v. Secretary of State for Exiting the European Union (2017)
Held that Parliament must approve the decision to leave the EU.
R v. A (2001)
Identified the tension between rights to a fair trial and victims’ rights under the Human Rights Act.
Canada
R. v. Oakes (1986)
Established the “Oakes test” for determining reasonable limits on rights under the Canadian Charter.
Reference re Secession of Quebec (1998)
Clarified the legal framework for secession within Canada.
Vriend v. Alberta (1998)
Expanded protections against discrimination to include sexual orientation.
Australia
Commonwealth v. Tasmania (1983)
Affirmed federal power to override state laws under international treaties.
Mabo v. Queensland (1992)
Recognized native title rights of Indigenous Australians.
Roach v. Electoral Commissioner (2007)
Upheld prisoners’ limited voting rights, emphasizing representative democracy.
South Africa
State v. Makwanyane (1995)
Declared the abolition of the death penalty and ensured that human dignity and equality are protected.
Minister of Health v. Treatment Action Campaign (2002)
Forced the government to give antiretroviral treatment for HIV.
Germany
Lüth Decision, 1958
Defined basic rights as objective values affecting every sphere of law.
Brokdorf Decision, 1985
Confirmed the right to peaceful assembly in Germany.
France
Decision No. 71-44DC, 1971
Enshrined the preamble of the 1958 Constitution, protecting fundamental freedoms.
Japan
Sunagawa Case, 1959
Protected Japan’s security treaty with the U.S. under Article 9 of the Constitution.
South Korea
Roh Moo-hyun impeachment (2004)
Revised impeachment process and reaffirmed checks and balances
Mexico
Tlatelolco Massacre Inquiry (2006)
Clarified the liability of the government for constitutional violations of human rights
European Court of Human Rights
Loizidou v. Turkey (1996)
Protected property rights under the European Convention on Human Rights.
Goodwin v. United Kingdom (2002)
Led to the recognition of transgender rights in Europe.
Brazil
Ellwanger Case (2003)
Criminalized racism as inconsistent with freedom of speech.
Russia
Judgment of the Constitutional Court regarding Yeltsin’s Decrees (1993)
Reined in executive excess during a constitutional crisis.
Kenya
Judges & Magistrates Vetting Board Case (2011)
Protected judicial independence in the context of constitutional change.
Israel
Bank Hamizrachi v. Migdal Cooperative Village (1995)
Confirmed property rights in Israel’s Basic Laws.
New Zealand
Attorney-General v. Taylor (2018)
Confirmed the courts’ role in enforcing human rights in the face of parliamentary sovereignty.
Argentina
Fayt v. State (1999)
Protected judicial independence by striking down laws extending judicial retirement age.
Italy
Case No. 238/2014
Asserted national sovereignty over international immunity in cases of war crimes.
Conclusion
These cases demonstrate how constitutional law evolves to meet societal needs, balancing governance with protecting fundamental rights and freedoms. They remain critical milestones in shaping modern legal systems worldwide.
