Although this may not be the case in India, where rejection of law is done on the basis of unconstitutionality, it is certainly the case in the US, where judicial philosophy takes the primary role in judicial decision making. This means that an extremely conservative appointed court will make decisions with considerable right-wing weight, and will in turn have an effect on the rest of the US society. This is dangerous, as it could led unfair and unrepresentative judgements if a court is dominated by either conservative or liberal members. Waldron’s work, as he admits, only focuses on judicial review of legislation, which I think ignores any positives that judicial review brings to a society. Strictly speaking, it would be unfair to say that the US or India or even any country with some form of judicial review is more democratic than any other country without it. It works for places with written constitutions, as some form of constitutional interpretation is needed to protect constitutional rights as well as restrict the powers of other branches of
Although this may not be the case in India, where rejection of law is done on the basis of unconstitutionality, it is certainly the case in the US, where judicial philosophy takes the primary role in judicial decision making. This means that an extremely conservative appointed court will make decisions with considerable right-wing weight, and will in turn have an effect on the rest of the US society. This is dangerous, as it could led unfair and unrepresentative judgements if a court is dominated by either conservative or liberal members. Waldron’s work, as he admits, only focuses on judicial review of legislation, which I think ignores any positives that judicial review brings to a society. Strictly speaking, it would be unfair to say that the US or India or even any country with some form of judicial review is more democratic than any other country without it. It works for places with written constitutions, as some form of constitutional interpretation is needed to protect constitutional rights as well as restrict the powers of other branches of