Judicial Review Journal Articles

abstract

• AbstractCourts 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.

authors

• Waluchow, Wilfrid Joseph

status

• published 

publication date

• March 2007

has subject area

• 2202 History and Philosophy of Specific Fields (FoR)
• 2203 Philosophy (FoR)

published in

• Philosophy Compass  Journal

keywords

• 16 Peace, Justice and Strong Institutions
• 50 Philosophy and Religious Studies
• 5003 Philosophy

Digital Object Identifier (DOI)

• 10.1111/j.1747-9991.2006.00056.x

start page

• 258

end page

• 266

volume

• 2

issue

• 2