Democracy, the Rule of Law and Judicial Review

@article{Feldman1990DemocracyTR,
  title={Democracy, the Rule of Law and Judicial Review},
  author={D. Feldman},
  journal={Federal Law Review},
  year={1990},
  volume={19},
  pages={1 - 30}
}
  • D. Feldman
  • Published 1990
  • Political Science
  • Federal Law Review
Justifying judicial review of legislatures and executives in western democracies has become a controversial business. Those aspects of rule of law theory which appear to justify judicial review are attacked as undemocratic, in that they tend to replace the will of the people with the will of the judiciary. Where review is based on a set of constitutionally entrenched rights, those rights themselves are regarded as undemocratic; even supporters of rights-based judicial review have tended to… Expand
12 Citations

References

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