CONSTRUCTING JUDICIAL REVIEW

Judicial Review Before Marbury

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this Article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dime...

Comparative Reasoning and Judicial Review

Judicial Review and Non - Enforcement at The

Can the President refuse to enforce a law he deems unconstitutional? Take the Affordable Care Act. The Supreme Court upheld the provision in the Act mandating that individuals purchase health insurance, but leading Republicans continue to press the view that the law is unconstitutional. Suppose one such Republican captures the presidency in 2016. His first act in office is to recommend legislat...

The welfare effects of minority-protective judicial review

Constitutional theorists usually assume that minority-protective judicial review leads to outcomes more favorable to the protected minority and less favorable to the majority. Our analysis highlights an indirect effect of judicial review that complicates this conventional wisdom. Without judicial review, pro-majority and pro-minority leaders adopt different policies. Because judicial review lim...

Judicial Review of Proceedings for Removal of Judges from Office

In A ustralia , ju d g es are form ally appointed b y the relevant v ice-rega l representative: the governor-general, a governor o f a state or the adm inistrator o f a territory o f the C om m onw ealth . T here are statutory p rov ision s for rem oval o f ju d g es from o ff ic e and in som e cases they are con stitu tion ally entrenched. S ection 7 2 (ii) o f the federal C onstitu tion o f A...