Legislative Overrides as a Check on Judicial ReviewExpressO (2007)
AbstractThis essay defends a form of legislative supremacy: it favors constitutional reform that would allow Congress and the President to override judicial precedents through ordinary legislation, after which judges would be bound to apply that legislative interpretation of constitutional law. It uses an institutionalist perspective to show that scholars both exaggerate the role of judicial review in enforcing constitutional limits and underestimate the political instability that follows from difficulty in challenging judicial interpretations of constitutional law.
Publication DateMarch, 2007
Citation InformationKenneth Ward. "Legislative Overrides as a Check on Judicial Review" ExpressO (2007)
Available at: http://works.bepress.com/kenneth_ward/1/