Coke, Corwin and the Constitution: The “Higher Law Background” Reconsidered

  title={Coke, Corwin and the Constitution: The “Higher Law Background” Reconsidered},
  author={Gary Mcdowell},
  journal={The Review of Politics},
  pages={393 - 420}
  • Gary Mcdowell
  • Published 1 June 1993
  • Law, History
  • The Review of Politics
In recent years the debate over the nature and extent of judicial power in the United States has been dominated by questions concerning moral theory, unwritten constitutions, and natural law. In a significant sense, the contemporary discussion is but the continuation of the theory of judicial review first put forth by Edward S. Corwin in 1910–1911; it was this theory that the “higher law background” of American constitutional law derived from the dicta of Sir Edward Coke's opinion in Bonham's… 

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