Daniel B. Rodriguez (University of Texas at Austin – School of Law) has posted State Constitutionalism and the Scope of Judicial Review (NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, James Gardner, James Rossi, eds., Oxford, 2010) on SSRN. Here is the abstract:
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This essay, written as a chapter for a forthcoming book on New Frontiers of State Constitutional Law, explores the question of whether and to what extent the scope of judicial review in state courts ought to track our views of state constitutionalism writ large. I consider the three possibilities: that the scope of review should be agnostic as to the overarching structure and theory of state constitutionalism; that the scope of review should be more deferential in light of the broad conception of state governmental power under principles of state constitutionalism; and, finally, that, given these broad powers assigned to state authorities, the scope of review should be more searching. In investigating this general question, we can illuminate broad themes about state constitutionalism and state constitutional law.
Recommended.