The Legal Theory Bookworm recommends A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787 by Scott Douglas Gerber. Here is a description:
A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.
And from the blurbs:
"A deeply researched study of a much neglected subject - the origins of an independent judiciary."
--Gordon S. Wood, Alva O. Way University Professor Emeritus and Professor of History Emeritus, Brown University
"Today we think of the independent judiciary as one of the safeguards of a free society. But its origins are complex and often ill-understood. Scott Gerber does a great public service by tying together all the loose strands on this issue, from ancient times through the end of the colonial period. Historians, constitutional scholars, and the public at large will profit by reading this thoroughly researched and clearly presented book."
--Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
"Though judicial independence is usually regarded to be a good thing, it is not at all clear why political leaders would necessarily support its emergence or, afterward, accept controversial displays of such independence. Its emergence must be explained rather than taken for granted. To achieve this objective, Scott Douglas Gerber provides fascinating analyses that reveal the different paths taken toward judicial independence in the various American colonies (and future states) prior to the American Revolution and drafting of the Constitution. This book will interest any student of American legal institutions."
--Sanford V. Levinson, W. St. John Garwood, Jr. Centennial Chair and Professor of Law and Government, University of Texas at Austin