Rights-based judicial review: A democratic justification [Book Review]
Law and Philosophy 22 (s 3-4):247-276 (2003)
Abstract |
This paper investigates the accusation that judicial review is undemocratic. It argues that the alleged tension between judicial review and democracy fails to account for the fact that the content of rights and their scope depends on societal convictions and moral judgments of the public. Such dependence suggests that rights-based judicial review can be described as an alternative form of democratic participation
|
Keywords | Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues |
Categories | (categorize this paper) |
Reprint years | 2004 |
ISBN(s) | |
DOI | 10.1023/A:1024505219735 |
Options |
![]() ![]() ![]() ![]() |
Download options
References found in this work BETA
Citations of this work BETA
Is Judicial Review Democratic? A Comment on Harel.Larry Alexander - 2003 - Law and Philosophy 22 (s 3-4):277-283.
Similar books and articles
Democracy, Citizenship and the Bits in Between.Sarah Fine - 2014 - In Richard Bellamy & Madeleine Kennedy-Macfoy (eds.), Citizenship. Routledge. pp. 623-640.
Constitutional Democracy and the Legitimacy of Judicial Review.Samuel Freeman - 1990 - Law and Philosophy 9 (4):327 - 370.
Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial Review.Corey Brettschneider - 2005 - Political Studies 53:423-451.
Review Essay: A Common Law Theory of Judicial Review by WJ Waluchow.Bradley W. Miller - 2007 - American Journal of Jurisprudence 52.
Participation and Judicial Review: A Reply to Jeremy Waldron. [REVIEW]Aileen Kavanagh - 2003 - Law and Philosophy 22 (5):451-486.
Professor Waldron Goes to Canada (One More Time): The Canadian Charter and the Counter-Majoritarian Difficulty.Charles-Maxime Panaccio - 2010 - Common Law World Review 39:100.
Is Judicial Review Democratic? A Comment on Harel.Larry Alexander - 2003 - Law and Philosophy 22 (s 3-4):277-283.
Analytics
Added to PP index
2009-01-28
Total views
49 ( #233,102 of 2,519,441 )
Recent downloads (6 months)
1 ( #407,861 of 2,519,441 )
2009-01-28
Total views
49 ( #233,102 of 2,519,441 )
Recent downloads (6 months)
1 ( #407,861 of 2,519,441 )
How can I increase my downloads?
Downloads