PHL271H1 Lecture Notes - Lecture 9: World War I
Document Summary
Devlin says that the state is permitted to impose its beliefs so as to conserve the said society subject to a few unclear limits. Dworkin says that you are not allowed to impose your beliefs as the majority; rather, your view has to amount to a moral decision in a discriminatory sense. A mere feeling of disgust is not enough. Dworkin sees this as a narrowing of the beliefs allowed in a society. Dworkin didn"t actually supply any tests, but he supplied a theoretical base to answering these questions. When judges scrutinize legislation, it is called judicial review. Cole focuses on times of emergencies, because it is at these times that governments feel the most compelled to infringe the rights of citizens (vis-a-vis minorities). As such, times of emergencies are those when citizens most need the judiciary to act; equally, it is the time that is hardest for the judiciary to protect its de facto people.
