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The Case for the Legislative Override

By Nicholas Stephanopoulos


Abstract: What is the optimal arrangement of judicial review? Most scholars who have addressed this question have assumed that there are only two important alternatives: judicial supremacy and parliamentary sovereignty. The literature has neglected the conceptual space that exists between these two poles, in particular the innovative legislative override model. This Article describes and evaluates the experiences of the two countries that have adopted the override, Canada and Israel. It also introduces a refined override model that promises to protect fundamental rights while promoting democratic decision-making. Finally, the Article explains which institutional and political contexts are hospitable to the override and which are not

Topics: Comparative Law, Constitutional Law, International Law, Jurisprudence, Comparative and Foreign Law, Constitutional Law, International Law, Jurisprudence
Publisher: Yale Law School Legal Scholarship Repository
Year: 2005
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