James Iredell and the American Origins of Judicial Law Review

Date

1995

Authors

Casto, William R.

Journal Title

Journal ISSN

Volume Title

Publisher

Connecticut Law Review

Abstract

Professor Casto provides a look at the earlier writings of James Iredell. Especially fascinating is that Iredell developed his ideas in the 1780s without the assistance of pre-existing analyses of judicial review. His ideas accurately foreshadowed virtually all subsequent judicial discussions of the issue in the early Republic. No justice of the Supreme Court -including Chief Justice Marshall - has ever addressed the issue in a more comprehensive and sophisticated fashion. Iredell's explanation and justification also virtually dictated the fundamental rule of judicial interpretation that the early justices used in gauging the constitutionality of legislation.

Description

Keywords

James Iredell, Judicial review, Judicial interpretation, Constitution

Citation

27 Conn. L. Rev. 329