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Judicial Review
Journal article

Judicial Review

Abstract

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.

Authors

Waluchow WJ

Journal

Philosophy Compass, Vol. 2, No. 2, pp. 258–266

Publisher

Wiley

Publication Date

March 1, 2007

DOI

10.1111/j.1747-9991.2006.00056.x

ISSN

1747-9991

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