Journals Higher Education
Important We hope you are enjoying our new website. More information about the changes



This item has an extended shipping time. The typical delivery time is 2 weeks.

Published: 05 May 2011

440 Pages


ISBN: 9780199765874

Also Available As:


Also Available In:

Bookseller Code (AJ)

A Distinct Judicial Power

The Origins of an Independent Judiciary, 1606-1787

Scott Douglas Gerber

  • Provides the first comprehensive exegesis of the origins of judicial independence in the United States
  • Brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond, which allows the reader to more easily understand the concepts
  • Discusses pre-Marbury v. Madison precedents for judicial review, including several previously unknown precedents
  • Articulates a new theory about the origins of judicial review: one that emphasizes the connection between judicial review and the rise of judicial independence
  • Provides a devastating critique of popular constitutionalism, an influential theory of constitutional interpretation that argues that judicial review should be drastically limited or eliminated altogether

Also of Interest