'To Save the People from Themselves': The Emergence of American Judicial Review and the Transformation of Constitutions

In this book, Robert J. Steinfeld explores the origins of American judicial review, tracing its roots back to the British Privy Council's review of American colonial legislation. He shows how lawyers and judges played a crucial role in transforming traditional constitutional assumptions and creating the practice and doctrine of judicial review in a half dozen state cases during the 1780s. This practice became a permanent feature of the American constitutional system, shaping critical decisions taken by the Constitutional Convention of 1787.

Format: Paperback / softback
Length: 450 pages
Publication date: 21 December 2023
Publisher: Cambridge University Press

In this comprehensive historical account, Robert J. Steinfeld delves into the intricate origins of American judicial review and its pivotal role in the American constitutional system. The book begins by examining the scrutiny of American colonial legislation by the Privy Council, laying the foundation for subsequent chapters. It then delves into the character of the first American constitutions, revealing their strong reliance on traditional Anglo-American constitutional assumptions that accorded legislatures a central role in interpreting constitutions. Steinfeld's analysis is insightful, as he meticulously examines the significant role played by lawyers and judges in reshaping these assumptions and establishing the practice and doctrine of American judicial review through a series of landmark state cases during the 1780s. The book concludes by demonstrating how the ideas formulated during this period influenced critical decisions made by the Constitutional Convention of 1787, solidifying judicial review as a permanent, albeit contentious,feature of the American constitutional framework.

In this comprehensive historical account, Robert J. Steinfeld delves into the intricate origins of American judicial review and its pivotal role in the American constitutional system. The book begins by examining the scrutiny of American colonial legislation by the Privy Council, laying the foundation for subsequent chapters. It then delves into the character of the first American constitutions, revealing their strong reliance on traditional Anglo-American constitutional assumptions that accorded legislatures a central role in interpreting constitutions. Steinfeld's analysis is insightful, as he meticulously examines the significant role played by lawyers and judges in reshaping these assumptions and establishing the practice and doctrine of American judicial review through a series of landmark state cases during the 1780s. The book concludes by demonstrating how the ideas formulated during this period influenced critical decisions made by the Constitutional Convention of 1787, solidifying judicial review as a permanent, albeit contentious,feature of the American constitutional framework.

Weight: 736g
Dimension: 152 x 230 x 31 (mm)
ISBN-13: 9781108984591