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Wiley InterScience | ||||||||||
![]() Philosophy CompassVolume 2 Issue 2, Pages 258 - 266 Published Online: 31 Jan 2007 Journal Compilation © 2010 Blackwell Publishing Ltd
Abstract | References | Full Text: HTML, PDF (Size: 134K) | Related Articles | Citation Tracking Judicial Review Copyright © 2007 The Author Journal Compilation © 2007 Blackwell Publishing Ltd Abstract
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 |