Elgar Monographs in Constitutional and Administrative Law series
Chapter 5: A theory of weak judicial review
Although the book mounts a general attack against strong constitutional review in Chapter Three, it does not reject the idea that judges should have a role in the specification of rights. The main purpose of the present chapter is, therefore, to outline a theory of weak constitutional review. It is argued that the strength of a constitutional court is a multidimensional concept and has to be analysed accordingly. The book uses the term ‘weak judicial review’ as a broad umbrella concept and distinguishes three subtypes of it: limited, penultimate and deferential review. It also compares the strengths and weaknesses of the different forms of weak judicial review and evaluates them in light of the normative principles that are spelled out in the earlier chapters of the book.
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