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.
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Metadata
- Subject
Constitutional Law
Legal History
- Journal title
The Journal of Policy History
- Volume
20
- Pagination
6-25
- Date submitted
8 September 2022
- Keywords