A Positivist Reexamination of Judicial Review
Horacio Andaluz
Broschiertes Buch

A Positivist Reexamination of Judicial Review

The Legal Reasoning Behind Marbury v. Madison

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As the President of the Supreme Court of Israel, Aharon Barak, said, "This century is the century of judicial review". Although this is a well known fact, judicial review is persistently under scrutiny. It is analyzed both from the political philosophy and from the legal philosophy. Since both disciplines inform Constitutional Law, sometimes judicial review is justified on the grounds of politics and sometimes it is justified on the name of the Law, obscuring its study. The lack of a method to distinguish between political philosophy based theories from legal philosophy based theories increase...