Judicial Review and Institutional Balance: Comments on Dimitrios Kyritsis

Abstract

Dimitrios Kyritsis has provided us with a marvelously interesting theory of the legitimacy of judicial review. In this paper, I juxtapose my own theory of judicial review to Kyritsis’ account in order to develop a precise picture of where we accord and where we disagree, thus providing a basis for further fruitful discussion between us. I briefly summarize Kyritsis’ theory, limiting my summary to those parts which are relevant for my discussion. I then lay down my own theory of institutional practical concordance that can be applied to the problem of judicial review. The third section collects some common ground between our theories, while the fourth section briefly lists a couple of rather minor differences and problems. In the fifth section, I engage in what I think is the most important difference between our theories, namely the choice between a combination model or a separation mode.