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Religion & Law

: Constitutionally Correct

Judicial Review of Legislative Purpose

By Alliance Alert

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The Article proceeds to describe changes over time in the practice of judicial review. The history that emerges sheds light on myriad subjects, including the proper interpretation of various seminal precedents, the source of some of the apparent inconsistency in doctrines that implicate purpose-based restrictions on legislative power, and the ways in which uncodified aspects of judicial practice can affect the glosses that courts put on the Constitution's text.

Full post as published by Constitutionally Correct on December 30, 2008 (boomark / email).

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Nelson on Judicial Review of Legislative Purpose

Nelson on the History of Judicial Review of Legislative Purpose

Harel & Kahan on Judicial Review

Lipkin on Judicial Supremacy & Judicial Review

Professional Reading: Should Some Forms of Legislative History Be Excluded During Judicial Review

Miller on Waluchow on Judicial Review

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