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 language | English |
|---|---|
| Pages (from-to) | 247-276 |
| Number of pages | 30 |
| Journal | Law and Philosophy |
| Volume | 22 |
| Issue number | 3-4 |
| DOIs | |
| State | Published - Jul 2003 |
