Scott Douglas Gerber

in A Distinct Judicial Power

Published in print May 2011 | ISBN: 9780199765874
Published online September 2011 | e-ISBN: 9780199896875 | DOI:

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law


Show Summary Details


This chapter describes the influence that the colonial and early state experiences had on the federal model that followed, and on the nature of the regime itself. It explains how the political theory of an independent judiciary investigated in Part I, and the various and varied experiences of the original thirteen states and their colonial antecedents examined in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.

Keywords: constitutional history; independent judiciary; judicial power; Article III; U.S. Constitution; judicial review

Chapter.  10769 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.