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The Province of Jurisprudence Democratized$
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Allan C. Hutchinson

Print publication date: 2008

Print ISBN-13: 9780195343250

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195343250.001.0001

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The Province of The Judiciary Democratized

The Province of The Judiciary Democratized

(p.167) Capter Eight The Province of The Judiciary Democratized
The Province of Jurisprudence Democratized

Allan C. Hutchinson

Oxford University Press

This chapter considers the defense of adjudication as not merely an acceptable feature of democracy, but also as an indispensable component in a flourishing democratic society. It examines the central dynamic at work in efforts to justify judicial review in constitutional democracies. By reference both to situated theoretical arguments and historical evidence, the chapter proposes a “hard-core” case against judicial review and suggests how strong democracy might take up the resulting institutional slack. Throughout the chapter, it is emphasized how democracy is better understood as being not a ground or foundation for politics, but a dynamic process through which politics is experienced and evaluated; the institutional forms and social practices of democracy must themselves be open to debate and revision in line with the experience of society's participating members.

Keywords:   legal theory, analytical jurisprudence, democracy, adjudication, judicial review

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