@inbook{11457, author = {Keith Whittington}, title = {Judicial Review and Interpretation: Have the Courts Become Sovereign When Interpreting the Constitution?}, abstract = {
In a sermon preached before King George I in 1717, Bishop Benjamin Hoadly warned, "[W]hoever has an absolute Authority to interpret any written, or spoken Laws; it is He, who is truly the Law-giver, to all Intents and Purposes; and not the Person who first wrote, or spoke them." In the twentieth century United States, Hoadly{\textquoteright}s warning against ecclesiastical authority has been taken to describe the system of constitutional interpretation and judicial review under the U.S. Constitution. Although the problem of reconciling democracy and constitutionalism is a persistent and complex one, in practice the courts have not "become sovereign" and displaced republican government.
}, year = {2005}, journal = {Institutions of Democracy: The Judicial Branch}, publisher = {Oxford University Press}, address = {New York}, language = {eng}, }