Rights Reign Supreme: An Intellectual History of Judicial Review and the Supreme Court

The US Supreme Court's power to nullify unconstitutional laws has been both attacked and celebrated, with its authority growing significantly over the past century. This book argues that judicial review ensures the survival of the republic by upholding the principles established during the American founding and protecting the rights of the people against the encroachments of the executive and legislative branches.

Format: Paperback / softback
Length: 277 pages
Publication date: 10 March 2023
Publisher: McFarland & Co Inc

Judicial review, the remarkable power vested in the United States Supreme Court to declare unconstitutional laws null and void, has been both fiercely debated and widely celebrated. Over the past century, the Court's authority has soared to unprecedented heights, assuming a more central role in the lives of Americans. This has led to widespread criticism from politicians of both major political parties, as well as scholars, who argue that judicial power undermines democratic principles.

In this comprehensive book, the author makes a compelling case that judicial review is essential for the survival of the republic. It outlines the Court's crucial responsibilities as a tool of rights theory and its unwavering commitment to defending the principles established during the American founding. The book delves into the power of judicial review, exploring how the Court has emerged as a guardian of the Constitution, safeguarding the rights of the people against the encroachments of the executive and legislative branches. It also sheds light on the Court's reputation as a steward of the Constitution, protecting the people from the fleeting passions and impulses of the public.

Through a series of chapters, the book provides a detailed account of the Court's historical role in shaping the nation's legal landscape. It highlights landmark cases that have defined the scope of judicial power and defended the fundamental rights of individuals. The book also examines the challenges and controversies surrounding judicial review, exploring the debates over the appropriate balance between judicial activism and judicial restraint.

In conclusion, this book offers a profound exploration of the power of judicial review and its critical role in preserving the democratic values and principles of the United States. It serves as a valuable resource for scholars, policymakers, and anyone interested in understanding the intricacies of the American legal system.

Dimension: 229 x 152 (mm)
ISBN-13: 9781476690520