Participation and judicial review: A reply to Jeremy Waldron [Book Review]

Law and Philosophy 22 (5):451-486 (2003)
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Abstract

This article challenges Jeremy Waldron's arguments in favour of participatory majoritarianism, and against constitutional judicial review. First, I consider and critique Waldron's arguments against instrumentalist justifications of political authority. My central claim is that although the right to democratic participation is intrinsically valuable, it does not displace the central importance of the `instrumental condition of good government': political decision-making mechanisms should be chosen (primarily) on the basis of their conduciveness to good results. I then turn to an examination of Waldron's claim that individuals are entitled to participate in decisions which affect their lives. Furthermore, I respond to his claim that justifications of constitutional judicial review rely on an objectionable distrust of democratic politics, and is inconsistent with a view of the person as a morally responsible, autonomous agent. Finally, I seek to show that judicial review can itself become a valuable channel of political participation, especially for those who are marginalized and disempowered in the normal political process.

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Citations of this work

Refining the argument from democracy.Gabe Broughton - forthcoming - Journal of Ethics and Social Philosophy.
Rights as Democracy.Richard Bellamy - 2012 - Critical Review of International Social and Political Philosophy 15 (4):449-471.
Judicial review.W. J. Waluchow - 2007 - Philosophy Compass 2 (2):258–266.
Crítica al constitucionalismo garantista de Ferrajoli como proyecto político.Albert Noguera Fernández - 2020 - Isonomía. Revista de Teoría y Filosofía Del Derecho 52:114-135.

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References found in this work

Philosophy and democracy.Michael Walzer - 1981 - Political Theory 9 (3):379-399.
Waldron on law and disagreement.Thomas Christiano - 2000 - Law and Philosophy 19 (4):513-543.

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