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Judicial Review And Deliberative Politics. A Tension In Need Of Analysis., Donald E. Bello Hutt
Judicial Review And Deliberative Politics. A Tension In Need Of Analysis., Donald E. Bello Hutt
Donald E. Bello Hutt
Champions of judicial review of legislation have defended this institution even before John Marshall decided Marbury v. Madison in 1803. Nevertheless, those defenses have to face with several difficulties, both practical and abstract. The aim of this paper is to analyze those difficulties and the context in which the defenses have been successful. We shall discuss the origins of judicial review in the work of James Iredell, Alexander Hamilton and John Marshall in order to introduce not only the first defenses of judicial review, but to fix the political context and dominant constitutional philosophy at their time: departmentalism and popular …