"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Friday, May 8, 2009

Article Reference

The Real Case for Judicial Review: A Plea for Non-Instrumentalist Justification in Constitutional Theory

In this article, available at SSRN, the authors argue that an instrumentalist approach to justify judicial review is bound fail. The article serach for non-instrumental justification for judicial review
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