Is Judicial Review Compatible With Democracy?

Authors

Scott M. Noveck, Stanford Law School

Abstract

The article argues that judicial review can be compatible with democracy, particularly when democracy is viewed instrumentally as a means to achieve just outcomes rather than solely as a procedural ideal. It critiques Jeremy Waldron's procedural objections to judicial review and supports Ronald Dworkin's result-driven approach, emphasizing that non-majoritarian institutions like the judiciary can enhance democratic legitimacy by ensuring equal respect and protecting against flawed majoritarian processes.

Disciplines

Courts | Jurisprudence | Law

Recommended Citation

Scott M. Noveck, Is Judicial Review Compatible With Democracy?, 6 Cardozo Pub. L. Pol’y & Ethics J. 401 (2008).
Available at: https://larc.cardozo.yu.edu/cplpej/vol6/iss2/4