Why We Have Judicial Review
Yale Law Journal Pocket Part, Vol. 116, p. 215, 2007
4 Pages Posted: 20 Apr 2007
This paper accompanies Mary Sarah Bilder, The Corporate Origins of Judicial Review, 116 Yale L.J. 502 (2006), in which the author argues that the origins of judicial review lie not in the expansion of judicial power but rather in the prior practice of commitment to limited legislative authority.
Keywords: judicial review, Marbury v. Madison, Privy Council, colonial courts, repugnant legislation
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