"An Indispensable Feature"? Constitutionalism and Judicial Review

Publication Year
2002

Type

Journal Article
Abstract

Jeremy Waldron has mounted a liberal defense of legislative supremacy and the rejection of a power of judicial review. Although many aspects of his argument are persuasive, his final conclusion that judicial review must be abandoned leaps beyond the arguments he has made about the requirements of liberal democracy. A form of judicial review is still sustainable within political world of the type Waldron describes. There are particular institutional features of democratic legislatures and liberal constitutions that would suggest the utility and appropriateness of an practice like judicial review even given Waldron's normative commitments.

Journal
New York University Journal of Legislation and Public Policy
Volume
6
Issue
1
Pages
21-33