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Constitutional Dialogue and the Justification of Judicial Review.

The lively debate over the constitutional foundations of judicial review has been marred by a formalism which obscures its point and value. Abstracted from genuine issues of substance, the rival positions offer inadequate accounts of the legitimacy of judicial review; constitutional theory must rega...

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Published in:Oxford Journal of Legal Studies Vol. 23; no. 4; pp. 563 - 585
Main Author: ALLAN, T. R. S.
Format: Article
Published: Oxford University Press / USA Dec2003
Subjects:
Judicial review
Legal justification
Courts
Judicial supremacy
Common law
Sovereignty
Online Access:View this record in EBSCOhost