Includes bibliographical references and index.

Abstract:
Perry is concerned with the legitimacy of judicial policymaking rather than with specific substantive constitutional doctrine. Speculating about the legitimacy of judicial review itself, he argues that only "interpretative review," court decision based on a constitutional clause, is acceptable and that when judges turn to "noninterpretative review," to some value judgement other than the text of the framer's understanding, they act illegitimately. But he rejects the contention that all such reviews lack validity. He endorses a judicial role in the formulation of basic human rights--to food, clothing, education, decent hours, wages and work conditions