.png){kind=icon}
Judicial Review and Democracy
- What is a right? What different kinds of rights are there? What arguments can ground the idea that individuals have rights?
- What is the rights argument for judicial review? What are the most serious problems with each of its steps?
- What is democracy? How should we understand the claim that judicial review is undemocratic?
- How, and in what respects, if any, does democracy produce better outcomes than other forms of government? Does the instrumental defence of democracy present a compelling objection to judicial review?
- What intrinsic arguments can we offer for democracy? Do these arguments present a compelling objection to judicial review?