Political Constitutionalism and the Judicial Role: A Response

Abstract:     
This article considers arguments advanced by political constitutionalists concerning judicial review of the kind commonly associated with administrative law. Political constitutionalists have hitherto been critical of particular judicial decisions, but have not proffered any coherent theory as to the scope and nature of such judicial review. The article begins by considering four challenges that must be met by a political constitutionalist who wishes to confine administrative law judicial review. The focus then shifts to the work of Adam Tomkins, who is to be credited for articulating a political constitutionalist thesis as to the scope of judicial review. It is, however, argued in the remainder of the article that this thesis is neither coherent nor consistent.

Number of Pages in PDF File: 21

Keywords: judicial review, rights, deference, legitimacy, standards of review, political constitutionalism

Accepted Paper Series