Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Judicial Review and the Law of the Constitution

Image not available lge

ISBN13: 9780300046656
ISBN: 0300046650
Published: November 1990
Publisher: Yale University Press
Country of Publication: USA
Format: Hardback
Price: Out of print



In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it. The author argues that originally constitutional limits were understood to be a statement of first political principles committed to writing. Through carefully crafted opinions and without public recognition Marshall transformed these principles into supreme written law. Simultaneously he changed judicial review from the defense of principle in circumstances of clear violation into routine application and interpretation of consititional text. The last chapter probes the implications of this analysis for contemporary controversies about judicial review.