Placing government power under the rule of law

Writes Evan Bernick in a review of Tara Smith’s book “Judicial Review in an Objective Legal System”:

…How judges evaluate assertions of government power matters to real people.

A philosopher at the University of Texas who also teaches at the law school, Smith articulates an approach to judicial review that is designed to place government power under the rule of law—to ensure that the government only exercises its power for constitutionally proper reasons and that mere will does not trump individual rights. While there is no shortage of books on judicial review, Smith’s stands out in a crowded field, owing to its focus on the role of epistemology and political philosophy—the Constitution’s political philosophy—in constitutional interpretation and her incisive criticism of the jurisprudential status quo. Smith’s approach holds the promise of equipping judges to gain accurate knowledge of what the law is and to consistently hold the government to the terms of our Founding document. [Taming the Law’s Coercion – Online Library of Law & Liberty]

The entire review is well worth the read.