Rights-based judicial review: A democratic justification

Alon Harel*

*Corresponding author for this work

Research output: Contribution to journalReview articlepeer-review

23 Scopus citations

Abstract

This paper investigates the accusation that judicial review is undemocratic. It argues that the alleged tension between judicial review and democracy fails to account for the fact that the content of rights and their scope depends on societal convictions and moral judgments of the public. Such dependence suggests that rights-based judicial review can be described as an alternative form of democratic participation.

Original languageAmerican English
Pages (from-to)247-276
Number of pages30
JournalLaw and Philosophy
Volume22
Issue number3-4
DOIs
StatePublished - Jul 2003

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