Controllo di costituzionalità e argomento del disaccordo. I limiti delle tesi di Jeremy Waldron. [Judicial review and disagreement: the limits of Waldron’s thesis]

Goldoni, M. (2010) Controllo di costituzionalità e argomento del disaccordo. I limiti delle tesi di Jeremy Waldron. [Judicial review and disagreement: the limits of Waldron’s thesis]. Ragion Pratica(2), pp. 491-508.

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Abstract

Arguments against the legitimacy of judicial review are still widely discussed despite the spreading of this legal practice on a world-wide scale. This paper concentrates on one of the most sophisticated of these normative arguments, that is, the one proposed by Jeremy Waldron and based on the idea of disagreement. After having reconstructed Waldron's main points, the paper focuses on some limits which affect his argument. Three aspects are taken into account: the flawed distinction between input and output reasons, the problem of regress and the reductive conception of equality proposed by Waldron.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Goldoni, Dr Marco
Authors: Goldoni, M.
College/School:College of Social Sciences > School of Law
Journal Name:Ragion Pratica
ISSN:1720-2396

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