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A Distinct Judicial Power – The Origins of an Independent Judiciary, 1606-1787 - Oxford Scholarship Online
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A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787

Scott Douglas Gerber


This book provides a critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. The first chapter begins by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonia ... More

Keywords: judicial independence, United States, judicial power, Aristotle, John Adam, Montesquieu, federal Constitution, individual rights

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780199765874
Published to Oxford Scholarship Online: September 2011 DOI:10.1093/acprof:oso/9780199765874.001.0001


Affiliations are at time of print publication.

Scott Douglas Gerber, author
Ohio Northern University
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