Document Type

Article

Publication Date

1996

Publication Title

Catholic Social Science Review

Keywords

natural law, rule of law, positivism, judicial review, judicial restraint

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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