Why Judicial Review?

Oslo Law Review, Vol. 2, No. 1, pp. 36-85, 2015

50 Pages Posted: 4 Jul 2015

See all articles by Malcolm Langford

Malcolm Langford

University of Oslo, Faculty of Law, Department of Public and International Law

Date Written: July 3, 2015

Abstract

Despite the flourishing of judicialisation of rights across the world, scepticism is not in short supply. Critiques range from concerns over the democratic legitimacy and institutional competence of courts to the effectiveness of rights protections. This article takes a step back from this debate and asks why should we establish or persist with judicial review. For reasons of theory, methodology, and practice, it argues that closer attention needs to be paid to the motivational and not just mitigatory purposes for judicial review. The article examines a range of epistemological reasons (the comparative advantage of the judiciary in interpretation) and functionalist reasons (the attainment of certain socio-political ends) for judicial review and considers which grounds provide the most convincing claims in theory and practice.

Suggested Citation

Langford, Malcolm, Why Judicial Review? (July 3, 2015). Oslo Law Review, Vol. 2, No. 1, pp. 36-85, 2015, Available at SSRN: https://ssrn.com/abstract=2626478 or http://dx.doi.org/10.2139/ssrn.2626478

Malcolm Langford (Contact Author)

University of Oslo, Faculty of Law, Department of Public and International Law ( email )

P.O. Box 6706 St. Olavs plass
N-0130 Oslo
Norway

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