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.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.