Judicial Review and the Law of the Constitution
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
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accepted American constitutional argued argument authority over legislation Bickel bill of rights bills of attainder Blackstone chap common law concededly unconstitutional act consti constitutional enforcement constitutional law constitutional text constitutional violation constitutionality contract clause convention declare defense of judicial discussion doctrine doubtful case rule Emphasis in original established explicit fundamental law Federalist 78 Gibson Hamilton Ibid intent interpretation interpretivism invalidation Iredell's judges judicial authority judicial enforcement judicial exposition judicial power judiciary judiciary's Justice Kamper law's legislative omnipotence legislature Madison majority Marbury Marshall's meaning ment modern judicial review natural law obligation opinion Paterson period 2 judicial political positive law practice principle prohibition provisions reason refuse to enforce rejected reliance restraint right to revolution social contracts Spencer Roane statement status supremacy Supreme Court supreme law supreme ordinary law textual Thayer tion tional Tucker's tution U.S. 3 Dall U.S. Constitution VanHorne's Lessee vested rights void Wilson words written constitution
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Justificatory Liberalism: An Essay on Epistemology and Political Theory
Gerald F. Gaus
Limited preview - 1996