The Core Of The Case Against Judicial Review By Jeremy Waldron
Sophie Byrne
John Ward
POLI 100
29 March 2023
Two Week Essay Assignment Week 10 & 11
In "The Core of the Case Against Judicial Review," published in the Yale Law Journal, Jeremy Waldron argues against the concept of judicial review, which is a concept allowing courts to strike down laws that are deemed unconstitutional. Waldron argues that this concept undermines democracy and should be replaced by a system of parliamentary sovereignty; where the legislative branch holds the power to determine the final outcome when interpreting the constitution.
Waldron introduces his arguments by suggesting that judicial review has become an accepted part of modern constitutional theory, but overall it is fundamentally undemocratic because it takes decision-making power away from elected officials, by giving it to unelected judges. This, he says, is a violation of the principle of popular sovereignty, which states that the people should have the final say in how they are governed. Waldron infers that
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