Journal ArticleDOI
The Constitution, the Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary
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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.read more
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
Alon Harel,Tsvi Kahana +1 more
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
Alon Harel,Tsvi Kahana +1 more
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.