Reconstructing judicial review for the advancement of justice and good governance

  • Sarah Nason
Keywords: Judicial review, constitutional law, socio-legal research

Abstract

In Reconstructing Judicial Review (Hart Publishing, 2016) Dr Sarah Nason (Lecturer in Law, Prifysgol Bangor University) examines theories of judicial review against empirical evidence and moral argument. She was particularly concerned to challenge the accuracy and normative value of the reformation or constitutionalisation theories. It was not her explicit intention to develop a new theory of judicial review, but through criticism of existing accounts and the collection of original empirical data, a new theory emerged; this is of judicial review for the advancement of justice and good governance. In the book the author develops and utilise a unique methodology combining empirical evidence and moral argument to construct this new understanding. Having analysed social practice and considered its justification she is now concerned with adjustments to better achieve those justificatory purposes. Her aim here is to sketch some features of judicial review for the advancement of justice and good governance focusing on how it might help condition future reforms.

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