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A Distinct Judicial PowerThe Origins of an Independent Judiciary, 1606-1787$
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Scott Douglas Gerber

Print publication date: 2011

Print ISBN-13: 9780199765874

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199765874.001.0001

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South Carolina

South Carolina

Judicial Review Without an Independent Judiciary

(p.207) Chapter 10 South Carolina
A Distinct Judicial Power

Scott Douglas Gerber

Oxford University Press

This chapter traces the history of judicial independence in South Carolina. South Carolina took longer to constitutionalize the principle of judicial independence than did its neighbor and former county to the north. The South Carolina constitutions of 1776 and 1778 vested some judicial power (the chancery power) in the privy council and subjected judges to removal by address. Judicial salaries were also far from secure. It was not until 1790 that South Carolina adopted essentially the same model of judicial independence embodied in both the North Carolina Constitution of 1776 and the Federal Constitution of 1787.

Keywords:   independent judiciary, judicial power, chancery power, South Carolina

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