Abstract

Charles Taylor identifies a close connection between morality and politics, noting that much confusion arises from poorly understood, and sometimes clearly mistaken, moral ontologies. Together with fellow communitarians and civic-republicans, Taylor argues that the rights-based judicial review of legislation rests upon a fundamentally mistaken Rawlsian/Kantian moral ontology. While accepting Taylor’s critique of Rawls’ moral ontology and its questionable ability to defend judicial review, I develop an alternative reading of judicial review relying on insightful new work by Wilfrid Waluchow. I conclude that if we accept Waluchow’s common- law conception of the judicial review, there is good reason for Taylor to reject some of his deprecating comments about judicial review. I further suggest that a common-law conception of the judicial review may be amicable to the larger Communitarian and Civic-republican project