This Essay criticizes judicial review of legislation clearly and in a way that is uncluttered by discussions of particular decisions. It argues that, quite apart from the outcomes it generates, judicial review is democratically illegitimate. This Essay is premised on a number of conditions, including that the society in question has good working democratic institutions.
This Essay criticizes judicial review of legislation clearly and in a way that is uncluttered by discussions of particular decisions. It argues that, quite apart from the outcomes it generates, judicial review is democratically illegitimate. This Essay is premised on a number of conditions, including that the society in question has good working democratic institutions.
This Essay criticizes judicial review of legislation clearly and in a way that is uncluttered by discussions of particular decisions. It argues that, quite apart from the outcomes it generates, judicial review is democratically illegitimate. This Essay is premised on a number of conditions, including that the society in question has good working democratic institutions.