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
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.
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