Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 24 August 2019

Abstract and Keywords

Judicial review is the power of a court to pass judgment on actions taken in other branches of government, most notably with respect to the constitutionality of legislation enacted by representative legislatures. It is a core feature of judicial power that is prominent in the American system and is increasingly prevalent around the world across all legal traditions. This chapter provides a brief overview of the historical origins and spread of the practice of judicial review. The chapter then reviews two streams of academic research––normative and empirical––that seek to understand the theoretical and practical implications of the practice of judicial review in a representative democracy. The chapter highlights fruitful avenues for future research at the intersection of these lines of inquiry.

Keywords: judicial review, counter-majoritarian difficulty, representative democracy, legal traditions, judicial power

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.