Is an independent judiciary consistent with a commitment to popular sovereignty? Can a body dedicated to enforcing the principles of a written constitution honor the will of the people? These questions have haunted American constitutional scholars since the founding of the nation, and yet they remain unresolved. Judicial review is an established institution, but its legitimacy is still intensely debated.
Owen M. Fiss,
Judiciary Panel Introductory Remarks,
Yale J. Int'l L.
Available at: http://digitalcommons.law.yale.edu/yjil/vol19/iss1/11