British Antitrust in Action

The Restrictive Trade Practices Act of 1956 was the first positive anti-monopoly statute in the United Kingdom since the Statute of Monopolies in 1623. Now that the statute has been in effect four years there are sufficient decisions and consent orders to make possible a report on its operation. Since most American readers are unfamiliar with the legal and economic background of the Restrictive Trade Practices Act, the prior common law in this area and the 1948 monopolies investigation statute will be summarized first. This summary is followed by an analysis of the structure of the 1956 Act, of the nine decisions in litigated cases and of the consent orders. The conclusion will evaluate the effectiveness of the act and contrast it with comparable United States statutes

Democracy and Distrust: A Theory of Judicial Review

This review is a critique of the major themes in Democracy and Distrust: A Theory of Judicial Review,\u27 by Professor John Hart Ely of Harvard Law School. Ely primarily addresses the amount of discretion exercised by Supreme Court justices in deciding constitutional cases, a fundamental issue since few scholars today would contest the actual existence of the judicial review power of the Court. Ely\u27s thorough scholarship presents a fine discussion of the Court\u27s legitimacy when it extends its discretion beyond the base of the actual constitutional language. Professor Ely misses the mark, however, in his argument that certain open-ended constitutional provisions exist and are necessary for the judicial safeguarding of important substantive rights. Contrary to Ely\u27s contention, strict construction of constitutional language can be consistent with the need of the Court both to adjudicate those rights and at the same time to remain mindful of its counter majoritarian nature