Abstract

The legitimacy of constitutional review of legislation depends on a proper appreciation of the roles of courts and the legislature in the project of governing. It will be argued that legislatures rightly have the initiative in this project because they instantiate the value of democratic representation. But this assignment of power comes with grave risks. By virtue of their independence, courts are well-equipped to check those risks, while at the same time, respecting the legislature’s valuable contribution. Constitutional review is one aspect of the courts’ checks-and-balances function.

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