Arts and Humanities Commons^™

Discussing The Allegedly Democratic Nature Of Judicial Review, Eddie Sarnowski

All Volumes (2001-2008)

Defined as the function of the court to interpret and apply the constitution to particular circumstances and legal issues, judicial review has become a noteworthy expression of the power of the judiciary. Nearly 200 years old, this seemingly simple doctrine has instigated a substantial amount of political controversy and debate from which three individuals should be recognized for their contributions. Ronald Dworkin, a proponent of judicial activism, believes in “leaving issues to the court’s judgment” and investing our faith in their decisions (Dworkin 526). Supporting Dworkin, John Arthur asserts that judicial review promotes democracy, and more importantly, imposes safeguards against …