Article first published online: 31 JAN 2007
Volume 2, Issue 2, pages 258–266, March 2007
How to Cite
Waluchow, W. J. (2007), Judicial Review. Philosophy Compass, 2: 258–266. doi: 10.1111/j.1747-9991.2006.00056.x
- Issue published online: 31 JAN 2007
- Article first published online: 31 JAN 2007
- Philosophy Compass 2/2 (2007): 258–266, 10.1111/j.1747-9991.2006.00056.x
Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted by Jeremy Waldron, the foremost philosophical opponent of judicial review.