Politics and Judgment

16 Pages Posted: 30 Dec 2005

See all articles by Suzanna Sherry

Suzanna Sherry

Vanderbilt University - Law School


Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American academic attitude toward judicial review as practiced by the modern Supreme Court ranges from open hostility to a position similar to Winston Churchill's on democracy: It is the worst way to implement a Constitution, except for all the rest. This essay, part of a larger book project with Daniel Farber, provides one explanation of the source of the hostility, defends judicial review against its critics, and makes a few suggestions for improvement.

Keywords: judicial review, judges, judgement, politics, Supreme Court, countermajoritarian

Suggested Citation

Sherry, Suzanna, Politics and Judgment. Missouri Law Review, Vol. 70, 2005, Vanderbilt Public Law Research Paper No. 06-01, Available at SSRN: https://ssrn.com/abstract=872752

Suzanna Sherry (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-322-0993 (Phone)

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