2009•SSRN Electronic JournalOpen access

Judicial Review in Review: A Four-Part Defense of Legal Constitutionalism - A Review Essay on Political Constitutionalism, by Richard Bellamy

Alec Douglas Walen

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Abstract

This review focuses on the powerful critique of judicial review published in 2007 by Richard Bellamy. It responds to his central theses, drawing in significant part from the work of Mattias Kumm and, at the same time, offering a novel defense of constitutionalism and judicial review. This defense argues that certain of the costs of judicial review are worth bearing in order to keep alive the lessons of history embodied in constitutions, lest future generations forget history and, thereby, prove doomed to repeat it.

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What this paper is about

This review focuses on the powerful critique of judicial review published in 2007 by Richard Bellamy. It responds to his central theses, drawing in significant part from the work of Mattias Kumm and, at the same time, offering a novel defense of constitutionalism and judicial review. This defense argues that certain of the costs of judicial review are worth bearing in order to keep alive the lessons of history embodied in constitutions, lest future generations forget history and, thereby, prove doomed to repeat it.

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Available abstract

This review focuses on the powerful critique of judicial review published in 2007 by Richard Bellamy. It responds to his central theses, drawing in significant part from the work of Mattias Kumm and, at the same time, offering a novel defense of constitutionalism and judicial review. This defense argues that certain of the costs of judicial review are worth bearing in order to keep alive the lessons of history embodied in constitutions, lest future generations forget history and, thereby, prove doomed to repeat it.

Key concepts: Constitutionalism, Judicial review, Politics, Law, Political science, Embodied cognition, Order (exchange), Judicial activism

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