Judicial Review in Context: A Response to Counter-majoritarian and Epistemic Critiques

Theoria: A Journal of Social and Political Theory 58 (127):1-23 (2011)
  Copy   BIBTEX

Abstract

This essay defends judicial review on procedural grounds by showing that it is an integral part of American democracy. Critics who object to judicial review using counter-majoritarian and epistemic arguments raise important concerns that should shape our understanding of the Supreme Court. Nevertheless, critics often fail to account for the formal and informal mechanisms that overcome these difficulties. Critics also fail to show that other branches of government could use the power of Constitutional interpretation more responsibly. By defending judicial review in the American context, this essay demonstrates that judicial review is not inherently undemocratic

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 90,593

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Epistemic comparative conditionals.Linton Wang - 2008 - Synthese 162 (1):133 - 156.
Proceduralism, Judicial Review and the Refusal of Royal Assent.Yann Allard-Tremblay - 2013 - Oxford Journal of Legal Studies 33 (2):379-400.
Is judicial review undemocratic?Annabelle Lever - 2009 - Perspectives on Politics 7 (4):897-915.
Understanding judicial discretion.Barry Hoffmaster - 1982 - Law and Philosophy 1 (1):21 - 55.

Analytics

Added to PP
2013-12-18

Downloads
26 (#524,350)

6 months
1 (#1,040,386)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references