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Published: 27 May 2011

440 Pages

6-1/8 x 9-1/4 inches

ISBN: 9780199765874

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Bookseller Code (06)

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

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