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Wiley InterScience

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Judicial Review
W. J. Waluchow 1*
  1 McMaster University
Copyright © 2007 The Author
Journal Compilation © 2007 Blackwell Publishing Ltd

Abstract

AbstractJudicial ReviewDemocracy and Judicial ReviewThe Moral Insight of JudgesUlysses and the MastWorks Cited

Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to 'strike down' or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted by Jeremy Waldron, the foremost philosophical opponent of judicial review.


Philosophy Compass 2/2 (2007): 258–266, 10.1111/j.1747-9991.2006.00056.x

DIGITAL OBJECT IDENTIFIER (DOI)
10.1111/j.1747-9991.2006.00056.x About DOI

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