JUDICIAL REVIEW AS CONTESTATION – FORMS AND JUSTIFICATIONS

This panel considers theoretical justifications for the institution of judicial review as democratic contestation, as well as the forms of judicial review that those justifications might suggest. The papers are connected by their apparent reliance on non-epistemic justifications; that is, justifications that recognize that judges have neither abnormal moral insight nor abnormal capacity to reason in virtuous ways. They might thus count as justifications that correspond with the basic arguments of political constitutionalism.



Time:  WEDNESDAY JUNE 27 2018 9:00 AM - 10:30 AM
Chair(s):   Aileen Kavanagh
Panel:  Panel 119