Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?

Allan, James (2010) Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?. King's Law Journal, 21 2: 233-256. doi:10.5235/096157610792240704

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Author Allan, James
Title Not in for a pound-in for a penny? Must a majoritarian democrat treat all constitutional judicial review as equally egregious?
Journal name King's Law Journal   Check publisher's open access policy
ISSN 0961-5768
1757-8442
Publication date 2010-07
Year available 2010
Sub-type Article (original research)
DOI 10.5235/096157610792240704
Open Access Status
Volume 21
Issue 2
Start page 233
End page 256
Total pages 24
Editor Satvinder Juss
Place of publication Oxford, United Kingdom
Publisher Hart Publishing
Collection year 2011
Language eng
Subject C1
1801 Law
Formatted abstract
This paper makes the case that majoritarian democrats who oppose rights-related constitutional review have much less cause to oppose other sorts of constitutional review, most obviously federalism-related judicial review. Taking up the challenge laid down by Adrienne Stone, the paper aims to give a principled basis for opposing rights-based constitutional review while at the same time accepting, or being much more relaxed about, federalism-related and other sorts of constitutional review. And it does this from the explicit vantage of one who is a majoritarian democrat who opposes bills of rights in well-functioning democracies.
Keyword Majoritarian democrat
Rights-related judicial review
Federalist-related judicial review
Bills of Rights
Democracy
Implied rights
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes Published as "Research Paper No. 10-31".

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2011 Collection
TC Beirne School of Law Publications
 
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Created: Mon, 27 Sep 2010, 15:29:28 EST by Jane Malady on behalf of T.C. Beirne School of Law