Book Review:
Douglas Laycock, Taking Constitutions Seriously: A Theory of
Judicial Review (reviewing John Hart Ely’s Democracy and
Distrust: A Theory of Judicial Review (1980)), 59 Texas L. Rev.
343 (1981).
Abstract:
Professor Ely’s book attempts to put forth a new theory of
judicial review. What it actually puts forth, though, are two
separate theories of judicial review, with only a tenuous link
between them. Professor Laycock attempts to work through both
theories and the implications of Ely’s textual theory.