Constitutional Turf Wars: Competing for the Consent of the Governed

Title

Constitutional Turf Wars: Competing for the Consent of the Governed

URL

Click HERE to view

Creator

Lively, Donald E.

Type

Article

Publisher

Hastings Law Journal

Description

Debate over the role of the American judiciary is as established and enduring as the American republic. Chief Justice Marshall, in 1803, announced that it was the role of the judiciary to decide "what the law is." In asserting if not arrogating judicial supremacy on matters constitutional, Marshall identified no general criteria for determining when executive, legislative, or state action or policy might be jurisprudentially displaced. Competing to fill the resultant void ever since have been an array of theories vying to fix the perimeters of judicial review.

Subject

Publication Date

1991

Format

Text, 39 pages

Language

English

Rights

Copyright holder of article is Hastings Law Journal.

Suggested Citation

Donald E. Lively, Constitional Turf Wars: Competing for the Consent of the Governed, 42
Hastings L. J.
1527 (1991).

Original Format

Printed material

Digital Format

PDF

Date Added

April 27, 2016