Judicial Rights Talk: Defects in the Liberal Challenge to Constitutional Review.
South African Journal on Human Rights, 22 (2).
A treatment of recent criticism of judicial review concentrating on its theoretical
consistency, scope and the use it makes of factual premises regarding the composition
of judicial argument and the practice of democratic assemblies. Focussing on the work
of Jeremy Waldron and Mark Tushnet and to a lesser extent that of Thomas Poole, it
concludes that there are serious difficulties with the liberal challenge on each front.
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