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Part III Law, Ch.19 The Power of Judicial Review

Keith E. Whittington

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

The power of judicial review is one of the more distinctive features of the American constitutional system. The “fundamental law” quality of American constitutions and the possibility of judicial interpretation and enforcement of their provisions were often taken to be key features distinguishing the new constitutional system from the British inheritance. For many decades, the United States was practically unique in empowering judges to set aside duly passed legislation and to enforce a higher law against all other government officials. In the twentieth century,...
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