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Demokrati och lagprövning : om rättfärdigandet av en positiv respektive negativ inställning till lagprövning

Gunneflo, Markus LU (2008) In Statsvetenskaplig tidskrift
Abstract
This article focuses on the justification of a positive and 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 and Jeremy Waldron who have a negative attitude towards judicial review, and Erwin Chemerinsky and 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 and judicial review. The study shows that there are important differences in the democratic values underpinning a positive and a negative attitude. There are differences of opinion on the balance between democracy as; process or... (More)
This article focuses on the justification of a positive and 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 and Jeremy Waldron who have a negative attitude towards judicial review, and Erwin Chemerinsky and 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 and judicial review. The study shows that there are important differences in the democratic values underpinning a positive and 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 and equality. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
in press
subject
in
Statsvetenskaplig tidskrift
publisher
Fahlbeckska stiftelsen
ISSN
0039-0747
language
English
LU publication?
yes
id
662f24e3-a1c6-4bb0-b658-6455636c6806 (old id 961964)
date added to LUP
2008-01-28 11:05:14
date last changed
2016-11-22 08:48:36
@misc{662f24e3-a1c6-4bb0-b658-6455636c6806,
  abstract     = {This article focuses on the justification of a positive and 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 and Jeremy Waldron who have a negative attitude towards judicial review, and Erwin Chemerinsky and 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 and judicial review. The study shows that there are important differences in the democratic values underpinning a positive and 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 and equality.},
  author       = {Gunneflo, Markus},
  issn         = {0039-0747},
  language     = {eng},
  publisher    = {ARRAY(0x98df6e0)},
  series       = {Statsvetenskaplig tidskrift},
  title        = {Demokrati och lagprövning : om rättfärdigandet av en positiv respektive negativ inställning till lagprövning},
  year         = {2008},
}