PHIL 2050 Lecture 10: Lecture Notes - Waldron, Judicial Review and Democracy
4 Dec 2017
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Jeremy waldron judicial review and the conditions of democracy . Three kinds of judicial review: supervision of lower courts, control of executive action, review of legislation. Waldron describes judicial review as allowing a handful of unelected and unaccountable judges to strike down laws passed by a representative legislature . 1. So we can see that there is a tension between judicial review and democracy. Waldron criticizes judicial review on two main grounds:2: there is no reason to suppose that rights are better protected by this practice than they would be by democratic legislatures, judicial review is democratically illegitimate. 1 jeremy waldron, judicial review and the conditions of democracy (1998) 6:4 journal of. 2 jeremy waldron, the core of the case against judicial review (2006) 115 yale lj 1347. Waldron asks whether there is any loss to democracy when the elected legislature of a society is subjected to a power of [judicial review] vested in the courts . 4.
