Judicial Review in Review: A Four-Part Defense of Legal Constitutionalism - A Review Essay on Political Constitutionalism, by Richard Bellamy

Abstract:     
This review focuses on the powerful critique of judicial review published in 2007 by Richard Bellamy. It responds to his central theses, drawing in significant part from the work of Mattias Kumm and, at the same time, offering a novel defense of constitutionalism and judicial review. This defense argues that certain of the costs of judicial review are worth bearing in order to keep alive the lessons of history embodied in constitutions, lest future generations forget history and, thereby, prove doomed to repeat it.

Number of Pages in PDF File: 26

Keywords: judicial review, constitutionalism, democracy, republicanism

Accepted Paper Series