The Lochner era and comparative constitutionalism

Abstract

We should be careful to avoid the pitfall of Lochner v. New York which has been described by Professor Tribe . . . as being “not in judicial intervention to protect ‘liberty’ but in a misguided understanding of what liberty actually required in the industrial age.” The Lochner era gave rise to serious questions about judicial review and the relationship between the court and the legislature. . . .