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Judicial Rights Talk: Defects in the Liberal Challenge to Constitutional Review

Flanagan, Brian (2006) Judicial Rights Talk: Defects in the Liberal Challenge to Constitutional Review. South African Journal on Human Rights, 22 (2). pp. 173-196. ISSN 0258-7203

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Abstract

A treatment of recent criticism of judicial review concentrating on its theoretical consistency, scope and the use it makes of factual premises regarding the composition of judicial argument and the practice of democratic assemblies. Focussing on the work of Jeremy Waldron and Mark Tushnet and to a lesser extent that of Thomas Poole, it concludes that there are serious difficulties with the liberal challenge on each front.

Item Type: Article
Keywords: Judicial Rights; Liberal Challenge; Constitutional Review;
Subjects: Social Sciences > Law
Item ID: 2428
Depositing User: Brian Flanagan
Date Deposited: 09 Feb 2011 15:36
Journal or Publication Title: South African Journal on Human Rights
Publisher: Juta & Co, Ltd
Refereed: Yes
URI:

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