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Unpublished Paper
Legislative Overrides as a Check on Judicial Review
ExpressO (2007)
  • Kenneth Ward, Texas State University
Abstract
This 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.
Disciplines
Publication Date
March, 2007
Citation Information
Kenneth Ward. "Legislative Overrides as a Check on Judicial Review" ExpressO (2007)
Available at: http://works.bepress.com/kenneth_ward/1/