Demokrati och lagprovning - Om rattfardigandet av en positiv respektive negativ installning till lagprovning
In: Statsvetenskaplig tidskrift, Band 110, Heft 2, S. 135-159
ISSN: 0039-0747
This article focuses on the justification of a positive & a negative attitude respectively towards judicial review. The analysis is performed by textual analysis of the texts of four authors with different opinions on the subject matter: Robert Dahl & Jeremy Waldron who have a negative attitude towards judicial review, & Erwin Chemerinsky & Ronald Dworkin who have a positive attitude. A theoretical model is being used for the analysis, which consists of different dimensions of the issue of democracy & judicial review. The study shows that there are important differences in the democratic values underpinning a positive & a negative attitude. There are differences of opinion on the balance between democracy as; process or substance, rule by the broad mass of people or rule by an elite, the spirit of the community or the rights of the individual. The analysis also points out that there are differences concerning the comprehension of the important democratic concepts of liberty & equality. Figures, References. Adapted from the source document.