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Judicial Review
Author(s) -
Waluchow W. J.
Publication year - 2007
Publication title -
philosophy compass
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.973
H-Index - 25
ISSN - 1747-9991
DOI - 10.1111/j.1747-9991.2006.00056.x
Subject(s) - constitutionality , judicial review , legislature , law , rationality , political science , judicial activism , judicial discretion , adversary , law and economics , sociology , computer science , supreme court , computer security
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.