This paper argues that judicial review usually emerges in response to a nation's need for an umpire to resolve federalism or separation of powers boundary line disputes. Once such an umpire is established, judicial review tends to expand to protect individual rights as well as umpiring among...

There is little doubt that J. S. Mill was one of the greatest classical liberals of the nineteenth century. F. A. Hayek holds the same distinction for the twentieth century. It is, then, something of a puzzle that Hayek is so critical of Mill. In his conversation with James Buchanan, Hayek...