POLS 1200 Lecture Notes - Lecture 3: Jeremy Waldron, Yale Law Journal, Toleration
25 Sep 2018
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Jeremy waldron, the core of the case against judicial review, yale law journal, vol. In many countries judges have authority to strike down legislation when they are convinced that it violates individuals rights. Judicial review can sometimes lead to bad decisions and the practice suffers from some sort of democratic deficit. The democratic process is hardly perfect and in any case, the democratic objection is itself problematic when what is at stake is the tyranny of the majority. Britain 1960 - parliament debated the liberalization of abortion law, the legalization of homosexual conduct among consenting adults, and the abolition of capital punishment. If someone who disagrees with the legislative resolution brings the matter before a court, the prevailing view will be that of the judges. People tend to support judicial review for cases they like and opposite when it comes to outcomes that they deplore or disagree with: definition of judicial review.
