Tom Hickey: The Republican Core of the Case for Judicial Review – UK Constitutional Law Association

Posted June 25th, 2018 in constitutional law, judicial review, news by sally

‘Richard Bellamy is right about many things. One of them is that judicial review cannot be defended on the basis of what he calls its “epistemic properties:” on its supposed capacity to bring about better outcomes in disputes about rights. This is because of the fact of reasonable disagreement about rights combined with the fact that the reasons for that disagreement are no less applicable to judges than they are to ordinary citizens. Thus the premise of epistemic cases for judicial review, like those of Rawls and Dworkin, offends democratic principles.’

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UK Constitutional Law Association, 25th June 2018