Judicial Review Research
Read these to gain a better understanding of the topic. There are reference sources and are typically not part of academic research but intended to provide background information about your topic. In other words, this is where you can look for ideas about the direction of further research. Search in Credo Reference for more.
The case of the disappointed office-seeker Marbury V. Madison (1803). (2012). In M. I. Urofsky, Supreme decisions: great constitutional cases and their impact. New York, NY: Westview Press.
Marbury V. Madison. (1999). In M. F. Mikula, L. M. Mabunda, & A. M. Marion (Eds.), Great American court cases, Gale. Farmington, MI: Gale
The judicial power. (2013). In R. A. Rossum, & G. Tarr, American constitutional law.. New York, NY: Westview Press.
Judicial review. (2010). In D. Watts, Dictionary of American government and politics. Edinburg, UK: Edinburgh University Press.
American Bar Association Database
Search or browse through law reviews and journals
Multidisciplinary database. Use keywords to search - such as, "Marybury v Madison" or "judicial review"
Think you won't use books in your research? Books are useful for understanding the foundations of a concept. They are also thoroughly researched and often present theories and ideas not present elsewhere. Try searching in these collections for ebooks.
Judicial Review of Administrative Discretion by
An enduring question for democratic government is how much power or administrative discretion should be afforded to unelected bureaucracies. Clayton compares how Supreme Court Justices Breyer and Scalia have addressed the topic of administrative discretion through various administrative law opinions to show how their contrasting methods of legal reasoning and statutory interpretation have enabled and constrained regulatory power. His research identifies themes of Breyer's and Scalia's jurisprudence and reveals the extent to which they defer to agency decisions varies and contradicts both Justices' stated positions on judicial review, legal reasoning, and statutory interpretation to some degree.
ISBN: 9781593328016Publication Date: 2015-10-13
Weak Courts, Strong Rights by
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
ISBN: 9780691143200Publication Date: 2009-08-09
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