Re: The Initiation of Judicial Review

[Robert Justin Lipkin]

In a message dated 6/30/2003 6:35:23 PM Eastern Daylight Time, [EMAIL PROTECTED] writes:

By moving away from "Great Man" theories of constitutional change, we may end up with an enriched understanding of the political determinants of constitutional decision-making *within* courts.  Among other things, as Keith Whittington has pointed out, we may actually come to realize that even "judicial supremacy" may be better understood by looking at the actions of politicians outside the judiciary that at the courts themselves.

       I overlooked commenting on the above remark when I responded  earlier to Howard's post containing it. Perhaps Howard can elaborate on the relationship between "Great Man" theories and obscuring the "political determinants of constitutional decision-making within courts." And perhaps Howard or Keith  (or both) could explain how judicial supremacy "may be better understood by looking at the actions of politicians outside the judiciary" than "at the courts themselves." In particular, does this view suggest that judicial supremacy causes or is the effect (or both) of politicians outside the court? At any rate, I find these possibilities interesting and would welcome learning more.
     
Bobby Lipkin
Widener University School of Law
Delaware