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Friday, September 07, 2018

JOTWELL: Smith on Tang on the role of political power in judicial review

The new Courts Law essay comes from Fred Smith, Jr. (Emory), reviewing Aaron Tang, Rethinking Political Power in Judicial Review (Cal. L. Rev., forthcoming), arguing that courts should be less willing to invalidate laws that burden the politically powerful, a new corollary to the longstanding political-process idea that courts be more willing to invalidate laws that burden the powerless.

Posted by Howard Wasserman on September 7, 2018 at 11:47 AM in Article Spotlight, Civil Procedure, Howard Wasserman | Permalink


The respectable author , of the related article , uses on one hand the terminology of " judicial review " on the other hand , it doesn't seem at all , that he does understand that term by itself . For judicial review , deals solely with the legal and constitutional aspects of the legislation or of the action of governments . That's it !! Nothing to do , either with policies , nor with being elected democratically. But bug :

Since , the rule of law , is the utmost essential and fundamental principle in democracy , what is actually , illegal , and unconstitutional , should be repealed and abolish by courts . That is to say , no existence for such illegal and unconstitutional animals in democratic regime . For the " rule of law " means what it is :

The law rules , not human beings !! for if human being would rule , and capriciously naturally , then we deal with dictatorship , not democracy . So :

The power of courts , is limited to legal and constitutional aspects , correct !! But , alas , that aspect , naturally , necessarily , reigns all over , and this is the wish of the natural sovereign ( the people ) to live where rule of law reigns , not rule of one person human being .

As such , the court , is the ultimate representative , of the people , and not the legislator paradoxically and effectively .

More , much more reasons , but , we won't stay young here .


Posted by: El roam | Sep 7, 2018 2:31:07 PM

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