The Issue Of Judicial Review - 956 Words

Judicial review provides the courts with the authority to review and change laws that the government proposes that violates the Constitution. In this paper, I will discuss the issue of judicial review. More precisely, I will be focusing my argument on Jeremy Waldron’s objection to radical disagreement, which states that we cannot agree upon what our rights are, therefore we do not know which ones should be put in the charter. I will argue that Jeremy Waldron’s argument is a good objection to judicial review, because if we cannot agree upon what moral rights are, how are we going to be able to apply them to the charter. I will begin by outlining the key points in Waldron’s argument. I will then continue to outline why Waldron’s objections are strong. Finally, I will argue that radical disagreement is a strong objection to judicial review. In his book Law and Disagreement, Jeremy Waldron concentrates on the issue of â€Å"theme [of] reasonable disagreement, [and the inability that he] cannot restrain [himself] from saying that anyone who thinks a narrative like this [a charter of rights as rational pre-commitment] is appropriately modeled by the story of Ulysses and the sirens is an idiot† (Waldron 2004). In the story of Ulysses and the sirens Ulysses’ decides to be tied down to the mast of his ship, so he would not succumb to the temptations of the siren. Ulysses knows in advance that it is a good idea to restrict himself now, so he won’t face the consequences later. Just asShow MoreRelatedJudicial Review: The American Concept of Democracy671 Words   |  3 PagesRunning Head: FOR CONSISTENCY AND STABILITY Judicial Review Judicial review should remain the sole prerogative of the courts, which only a constitutional amendment can nullify or alter. 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Madison became one of the most significant Supreme Court decisions in URead MoreEssay on Judicial Review980 Words   |  4 PagesJudicial review was enacted as a checks and balance step when concerning the government and the interpretation of the U.S. Constitution. Judicial review gives the court the power to review and change laws and government acts that violate the Constitution (Huq, n.d.). Allowing the court system this power helps prevent government officials from using the Constitution to illegally use their position in making laws and regulations in the United States. The judicial review was first used in an unusualRead MoreThe Supreme Court Is The Highest Of All Courts969 Words   |  4 Pagesgovernments are acting within the law. 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In Federalist 78, Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power