Judicial Review and the Right to Resist

60 Pages Posted: 1 Jun 2008

See all articles by Edward L. Rubin

Edward L. Rubin

Vanderbilt University - Law School; Vanderbilt University - Department of Political Science


Judicial review has been a fixture of American government for two hundred years, but our anxiety about it only seems to deepen over time. Recently, two new assaults by leading scholars Larry Kramer and Jeremy Waldron have articulated further political and conceptual criticisms of this practice. That is not necessarily a bad thing, of course; an important role of scholarship is to challenge institutions that that might otherwise be taken for granted. As the Supreme Court, due to recent changes in personnel, begins to adopt positions that many legal scholars find legally or ethically questionable, such challenges to judicial review are likely to seem increasingly attractive.

Keywords: judicial review

Suggested Citation

Rubin, Edward L., Judicial Review and the Right to Resist. Vanderbilt Public Law Research Paper No. 08-11, Available at SSRN: https://ssrn.com/abstract=1139070 or http://dx.doi.org/10.2139/ssrn.1139070

Edward L. Rubin (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

Vanderbilt University - Department of Political Science ( email )

VU Station B #351817
Nashville, TN 37235-1817
United States

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