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Wojciech Sadurski

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Wojciech Sadurski

After a brief introduction to Public Reason, this chapter discusses the interconnection between Public Reason and judicial review. Canvassing examples from Canada, the United States, Germany, and Australia, the author argues that Public Reason can be, and in fact has been in certain cases, used to examine the constitutionality of motives behind legislation under review. After highlighting the evidentiary difficulties of identifying and proving motives within such a framework and outlining the clashes this can create between the judiciary and the legislature, this chapter concludes by arguing that Public Reason can help identify or “objectify” which motives are acceptable and which are not to allow review to work backwards from effects to impermissible motives. Such an approach would avoid the evidentiary issues presented above and put the legislature on notice of what would be required of future legislation.

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Edited by David Kinley, Wojciech Sadurski and Kevin Walton

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Human Rights

Old Problems, New Possibilities

Edited by David Kinley, Wojciech Sadurski and Kevin Walton

Reflecting on the various dichotomies through which human rights have traditionally been understood, this book takes account of recent developments in both theories of rights and in international human rights law to present new ways of thinking about some long-standing problems.