Beyond Legitimacy

Steven Wisotsky

Beyond Legitimacy

Steven Wisotsky

Research output: Contribution to journal › Article › peer-review

Abstract

The author analyzes the scholarly debate over the legitimacy of the institution of judicial review. He suggests that, as a reaction to unjustified criticism of the institution, defenders of judicial review have articulated propositions which advance constitutional jurisprudence beyond the issue of legitimacy. He argues that the time has come for courts to de-emphasize prudential considerations and to concentrate on the substantive correctness of their decisions and on the standards of review which the courts employ.

Original language	American English
Journal	University of Miami Law Review
Volume	33
Issue number	1
State	Published - Nov 1 1978

Keywords

Administration of justice
Judicial review
Jurisprudence

Disciplines

Jurisprudence

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Beyond LegitimacyFinal published version, 1.96 MBLicense: Unspecified

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AB - The author analyzes the scholarly debate over the legitimacy of the institution of judicial review. He suggests that, as a reaction to unjustified criticism of the institution, defenders of judicial review have articulated propositions which advance constitutional jurisprudence beyond the issue of legitimacy. He argues that the time has come for courts to de-emphasize prudential considerations and to concentrate on the substantive correctness of their decisions and on the standards of review which the courts employ.

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KW - Judicial review

KW - Jurisprudence

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Beyond Legitimacy

Abstract

Keywords

Disciplines

Access to Document

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