Download this Paper Open PDF in Browser

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

26 Pages Posted: 5 Apr 2009  

Alec D. Walen

Rutgers School of Law; Rutgers, The State University of New Jersey - Department of Philosophy

Date Written: April 2, 2009

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.

Keywords: judicial review, constitutionalism, democracy, republicanism

Suggested Citation

Walen, Alec D., Judicial Review in Review: A Four-Part Defense of Legal Constitutionalism - A Review Essay on Political Constitutionalism, by Richard Bellamy (April 2, 2009). I*CON, Vol. 7, No. 2, pp. 329-354 . Available at SSRN: https://ssrn.com/abstract=1372412

Alec D. Walen (Contact Author)

Rutgers School of Law ( email )

NJ
United States

Rutgers, The State University of New Jersey - Department of Philosophy ( email )

106 Somerset St
5th Floor
New Brunswick, NJ 08901
United States

Paper statistics

Downloads
269
Rank
94,378
Abstract Views
807