Idea or Practice: A Brief Historiography of Judicial Review

Journal of Policy History, Vol. 20, No. 1, pp. 6-26, 2008

Boston College Law School Legal Studies Research Paper No. 156

19 Pages Posted: 21 May 2008  

Mary Sarah Bilder

Boston College - Law School

Abstract

Judicial review may be the most publicly contested aspect of American constitutionalism. The conventional beliefs that judicial review should be understood as an idea and American constitutionalism studied as a new rationalistic, political science are largely due to the influential scholarship of Edward Corwin. This brief essay recovers the pre-Corwin discussion about the origins of judicial review to demonstrate the way in which the approach to judicial review as an idea has been, itself, historically constructed by scholarly inclination, disciplinary identification, and the availability of historical materials

Keywords: Marbury v. Madison, American legal history, judicial review

Suggested Citation

Bilder, Mary Sarah, Idea or Practice: A Brief Historiography of Judicial Review. ; Boston College Law School Legal Studies Research Paper No. 156. Available at SSRN: https://ssrn.com/abstract=1134831

Mary Sarah Bilder (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States
617-552-0648 (Phone)
617-552-2615 (Fax)

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