Mary Sarah Bilder,
Boston College, has posted "
Why We Have Judicial Review," on
SSRN and in the
Yale Law Journal Pocket Part. Here's the abstract:
This paper accompanies
Mary Sarah Bilder,
The Corporate Origins of Judicial Review , 116 Yale L.J. 502 (2006), in which the author argues that the origins of judicial review lie not in the expansion of judicial power but rather in the prior practice of commitment to limited legislative authority.