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Full Introduction
Whittington (2009) observes that while the practice of judicial review has become a widely accepted practice beginning in the nineteenth century, its cope has been troubled by political controversy and intellectual conflicts largely on the basis of its justification. One of the challenges, as dictated by constitutional theory, is to separate law from politics in order to ensure that judges are not guided by their own values be constrained by the law and to prevent the influence of politics on law (Friedman, 2005). The Dred Scott v. Sandford (1857) case demonstrates that there is a tenable connection between law and politics, and that ignoring this relationship can have significant ramifications especially when the issue being addressed is highly controversial. The justices’ effort in this case, which largely aimed to separate politics from law, was futile, because in the end, the ruling ignited political action that further raised the issue it set out to settle and eventually led to the Civil War.
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WELCOME
