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Philip Hamburger's Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
Judicial review --- Judicial process --- Constitutional law --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- History. --- Psychological aspects --- Interpretation and construction
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In a challenge to conventional wisdom, Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The evidence assembled here shows that 18th-century Americans almost never invoked this principle.
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