Chapter 10 Questions

Judicial Review and Democracy
  1. What is a right? What different kinds of rights are there? What arguments can ground the idea that individuals have rights?
  1. What is the rights argument for judicial review? What are the most serious problems with each of its steps?
  1. What is democracy? How should we understand the claim that judicial review is undemocratic?
  1. 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?
  1. What intrinsic arguments can we offer for democracy? Do these arguments present a compelling objection to judicial review?
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