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Idea or Practice: A Brief Historiography of Judicial Review Mary Sarah Bilder, Boston College Law School Forthcoming in Journal of Policy History, vol. 20, no. 1 (2008), pp. 6-26. Download the Paper (PDF format) - May 19, 2008 Tell a colleague about it. Printing Tips: Select 'print as image' in the Acrobat print dialog if you have trouble printing. ABSTRACT: Judicial review may be the most publicly contested aspect of American constitutionalism. The conventional beliefs that judicial review should be understood as an idea and American constitutionalism studied as a new rationalistic, political science are largely due to the influential scholarship of Edward Corwin. This brief essay recovers the pre-Corwin discussion about the origins of judicial review to demonstrate the way in which the approach to judicial review as an idea has been, itself, historically constructed by scholarly inclination, disciplinary identification, and the availability of historical materials. SUGGESTED CITATION: Mary Sarah Bilder, "Idea or Practice: A Brief Historiography of Judicial Review" (May 19, 2008). Boston College Law School. Boston College Law School Faculty Papers. Paper 222. http://lsr.nellco.org/bc/bclsfp/papers/222 | REPOSITORY HOME  | SEARCH  | MY ACCOUNT  | NELLCO HOME | Powered by bepress.