Judges and Unjust Laws
Common Law Constitutionalism and the Foundations of Judicial Review
Douglas E. Edlin
Judges have a legal obligation to overrule unjust laws
About the Book
Is a judge legally obligated to enforce an unjust law? In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority—perhaps even the obligation—to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor of Political Science at Dickinson College. |
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On the Web Read the Law and Politics Book Review, Jack Wade Nowlin, University of Mississippi School of Law
Classroom Resources Discussion Questions | Word doc
Also of Interest
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