Natural Law and the Limits to Judicial Review

David F Forte

Natural Law and the Limits to Judicial Review

David F Forte

Research output: Contribution to journal › Article › peer-review

Abstract

The very premise of judicial review in America is rooted in the structure of natural law. Judges have no authority to make any kind of law. They can only enforce and apply authoritatively passed positive law. But if the positive law has not been enacted, either in form or substance, without proper authority, then if the judge should enforce such a law, he would in fact be making new positive law, and would be acting outside of his authority.

Original language	American English
Journal	Catholic Social Science Review
State	Published - Jan 1 1996

Keywords

natural law
rule of law
positivism
judicial review
judicial restraint

Disciplines

Constitutional Law
Jurisprudence

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Natural Law and the Limits to Judicial ReviewFinal published version, 381 KBLicense: CC BY

Cite this

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abstract = " The very premise of judicial review in America is rooted in the structure of natural law. Judges have no authority to make any kind of law. They can only enforce and apply authoritatively passed positive law. But if the positive law has not been enacted, either in form or substance, without proper authority, then if the judge should enforce such a law, he would in fact be making new positive law, and would be acting outside of his authority.",

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KW - rule of law

KW - positivism

KW - judicial review

KW - judicial restraint

UR - https://engagedscholarship.csuohio.edu/fac_articles/72

M3 - Article

JO - Catholic Social Science Review

JF - Catholic Social Science Review

ER -

Natural Law and the Limits to Judicial Review

Abstract

Keywords

Disciplines

Access to Document

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