The Power of Judicial Review


Whittington, Keith E. “The Power of Judicial Review”. Oxford Handbook of the United States Constitution. New York: Oxford University Press, 2015. Print.


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. This chapter focuses on the contemporary exercise of judicial review. After delineating the scope of the institution, the chapter turns to conceptual and normative issues associated with the exercise of judicial review. It then reviews the literature on how judicial review is practiced in the American system.

Last updated on 11/11/2015