Polity Atlas
DisputedSource attached · not independently reviewedCLM-0633 · as of 2026-10-27 · about: Judicial review and constitutional courts · Author: Polity Atlas editorial team

“Whether strong judicial review is democratically legitimate is disputed: Waldron argues that in societies with working democratic institutions, where citizens disagree about rights, courts protect rights no better than legislatures and review is democratically illegitimate; Ginsburg argues that review can facilitate democracy by giving prospective electoral losers 'insurance'.”

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Context

Towards Juristocracy: The Origins and Consequences of the New Constitutionalism

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