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Journal ArticleDOI

The Constitution, the Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary

Richard H. Rosswurm, +1 more
- 01 May 1984 - 
- Vol. 6, Iss: 2, pp 239
About
This article is published in Human Rights Quarterly.The article was published on 1984-05-01. It has received 29 citations till now. The article focuses on the topics: Constitutional law & Constitution.

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Citations
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Journal ArticleDOI

Congress, the Supreme Court, and Judicial Review: Testing a Constitutional Separation of Powers Model

TL;DR: In the context of judicial review of the constititutionality of federal legislation, tensions between the two branches are arguably at their peak as discussed by the authors, and two tracks to Congressional inference are tested: rational anticipation of the separation of powers model and a more boundedly rational institutional maintenance model.
Journal ArticleDOI

Reassessing the role of the independent judiciary in enforcing interest-group bargains

TL;DR: The authors argue that the Landes-Posner theory fails as an attempt to explain the origin and maintenance of judicial independence because it ignores collective-action problems plaguing both the legislature and the judiciary in fostering judicial independence.
Journal ArticleDOI

The Easy Core Case for Judicial Review

TL;DR: In this paper, the authors argue that instrumentalist justifi cations for judicial review are bound to fail and that an adequate defense of judicial review requires justifying it on non-instrumentalist grounds.
Book

Understanding powers of international organizations : a study of the doctrines of attributed powers, implied powers and constitutionalism – with a special focus on the Human Rights Committee

TL;DR: Consent, 92, 93, 94, 192, 285 Accountability, 121, 161, 167, 170, 182, 183, 186, 195, 196, 205, 207, 244, 251,
Journal ArticleDOI

Deliberative Democracy and Constitutional Review

TL;DR: The authors re-examine the traditional democratic objection to judicial review as an instance of anti-democratic paternalism, within the context of newer "deliberative" theories of constitutional democracy.
References
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Journal ArticleDOI

Congress, the Supreme Court, and Judicial Review: Testing a Constitutional Separation of Powers Model

TL;DR: In the context of judicial review of the constititutionality of federal legislation, tensions between the two branches are arguably at their peak as discussed by the authors, and two tracks to Congressional inference are tested: rational anticipation of the separation of powers model and a more boundedly rational institutional maintenance model.
Journal ArticleDOI

Reassessing the role of the independent judiciary in enforcing interest-group bargains

TL;DR: The authors argue that the Landes-Posner theory fails as an attempt to explain the origin and maintenance of judicial independence because it ignores collective-action problems plaguing both the legislature and the judiciary in fostering judicial independence.
Journal ArticleDOI

The Easy Core Case for Judicial Review

TL;DR: In this paper, the authors argue that instrumentalist justifi cations for judicial review are bound to fail and that an adequate defense of judicial review requires justifying it on non-instrumentalist grounds.
Book

Understanding powers of international organizations : a study of the doctrines of attributed powers, implied powers and constitutionalism – with a special focus on the Human Rights Committee

TL;DR: Consent, 92, 93, 94, 192, 285 Accountability, 121, 161, 167, 170, 182, 183, 186, 195, 196, 205, 207, 244, 251,
Journal ArticleDOI

Deliberative Democracy and Constitutional Review

TL;DR: The authors re-examine the traditional democratic objection to judicial review as an instance of anti-democratic paternalism, within the context of newer "deliberative" theories of constitutional democracy.