Catholic Social Science Review
natural law, rule of law, positivism, judicial review, judicial restraint
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.
David F. Forte, Natural Law and the Limits to Judicial Review, 1 Catholic Social Science Review 42 (1996)