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The republican core of the case for judicial review

Hickey, Tom orcid logoORCID: 0000-0001-7618-6786 (2019) The republican core of the case for judicial review. International Journal of Constitutional Law, 17 (1). pp. 329-331. ISSN 1474-2640

The case I make for judicial review avoids what I, among others, see as the basic flaw in most of the justifications that have been offered previously. It does not rely on the notion that judges are more enlightened than legislators in respect to the resolution of rights questions. It does not hold that judicial insight is such that, with judicial review, outcomes are more likely to treat individuals with equal concern and respect. This means that the “fact of reasonable disagreement on rights” objection cannot be leveled at my case in the way that it can be leveled at legal constitutionalist cases. The republican understanding of democracy upon which I build my case not only accounts for this fact of disagreement, it relies quite heavily on it. In turn, my case relies on that fact of disagreement. I don’t think that Richard Bellamy addresses this aspect of my argument satisfactorily in his response. In fact, I think he effectively denies it and that he thereby mischaracterizes my republican case for judicial review. The clarification as to how, I suggest, helps illuminate two important and related points about my case.
Item Type:Article (Published)
Uncontrolled Keywords:Judicial review; political constitutionalism; separation of powers; constitutional law; republican theory; non-domination
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Oxford University Press (OUP)
Official URL:http://dx.doi.org/10.1093/icon/moz017
Copyright Information:© The Author 2019. Oxford University Press and New York University School of Law.
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:24431
Deposited On:18 May 2020 17:16 by Vidatum Academic . Last Modified 06 May 2021 03:30

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