LAW, POLITICS, AND JUDICIAL-REVIEW

The confusion surrounding the current debates on the nature and scope of judicial review is compounded by the failure of the contending parties to relate their positions to a defensible general theory of law and politics. But these debates may also aid in reconstructing such a theory. After a brief survey of four different stands with regard to judicial review, this article concludes by suggesting how the prevailing interpretations of law and politics need to be revised, if judicial review is to be to the Constitution what the practice of government of law is to its theory. © 1990, University of Notre Dame. All rights reserved.