Abstract

RIBEIRO, Gonçalo de Almeida. Is Judicial Restraint a Matter of Bright Lines or of Democratic Deference?: A Comment on Stavros Tsakyrakis' ‘Justice Unrobed'. e-Pública [online]. 2017, vol.4, n.1, pp.76-86. ISSN 2183-184X.

Prompted by Stavros Tsakyrakis Essay ‘Justice Unrobed', this Comment argues against a theory of judicial review that divides legislative and judicial competence along substantive lines (civil rights v. social rights and matters of principle v. matters of policy) and in favor of one that asks constitutional adjudicators to defer to the legislature on democratic grounds.

Keywords : Categories of Rights; Principle and Policy; Judicial legitimacy; Democratic Deference; Levels of Scrutiny.

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