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Law and Judicial Duty
Posted on 2010-03-16
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More Philip Hamburger’s traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty.Hamburger lays the foundation for his argument by explaining the common law ideals of . He shows that the law of the land was understood to rest on the authority of the lawmaker and that what could not be discerned within the law of the land was not considered legally binding. He then shows that judges had a duty to decide in accord with the law of the land. These two ideals——together established and limited what judges could do. Download FREE
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