2019
DOI: 10.1007/s42439-019-00006-w
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Political-Liberal Legitimacy and the Question of Judicial Restraint

Abstract: The term Bjudicial restraint,^applied to courts engaged in judicial constitutional review, may refer to any one or more of three possible postures of such courts, which we here will distinguish as Bquiescent,^Btolerant,^and Bweak-form.^A quiescent court deploys its powers sparingly, strictly limiting the agenda of social disputes on which it will pronounce in the constitution's name. A tolerant court confirms as valid laws whose constitutional compatibility it finds to be reasonable sustainable, even though it… Show more

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Cited by 3 publications
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