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
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,...
