KJCKorea
Journal Central

@article{ART001529392},
author={kang seungsik},
title={A Narrow View about Controversy over the Legitimacy of Judicial Review},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2011},
number={50},
pages={1-31}

TY - JOUR
AU - kang seungsik
TI - A Narrow View about Controversy over the Legitimacy of Judicial Review
JO - DONG-A LAW REVIEW
PY - 2011
VL - null
IS - 50
PB - The Institute for Legal Studies Dong-A University
SP - 1
EP - 31
SN - 1225-3405
AB - Some modern scholars have insisted that judicial review of legislation be confronted with the countermajoritarian difficulty. This known problem makes an issue of the propriety of unelected judges, who lack democratic legitimacy, invaliding duly enacted decisions of democratic legislature. But others have supported the role of judicial review in democracy as a check on majority power. According to this, judicial review can reinforce the democratic process by eliminating obstacles to its advancement. Also, several scholars see democracy as deliberation and debate. From this perspective, they have argued that judicial review helps deliberation and debate through institutional dialogues between Courts and other branches of government. What is remarkable is that much of the discussion above occurred in the United States. The debate on the legitimacy of judicial review in the U.S. is a critical constitutional issue because judicial review is not within the text of the U.S. Constitution itself. Futhermore U.S. Constitution guarantee unelected judges life tenure during good behavior. For these reasons, the legitimacy of judicial review continues to be challenged and hotly contested in the U.S. In conclusion, I think that it is inappropriate for country outside U.S. to embrace entirely the debate on the legitimacy of judicial review in the U.S. Korea intentionally introduced judicial review by constitutional Court in the current Constitution. Therefore, the legitimacy of judicial review in Korea should be understood in a different context.
KW - Judicial Review;Legitimacy of Judicial Review;Democracy;Constitutionalism;Bill of Rights;Separation of Powers
DO -
UR -
ER -

kang seungsik. (2011). A Narrow View about Controversy over the Legitimacy of Judicial Review. DONG-A LAW REVIEW, 50, 1-31.

kang seungsik. 2011, "A Narrow View about Controversy over the Legitimacy of Judicial Review", DONG-A LAW REVIEW, no.50, pp.1-31.

kang seungsik "A Narrow View about Controversy over the Legitimacy of Judicial Review" DONG-A LAW REVIEW 50 pp.1-31 (2011) : 1.

kang seungsik. A Narrow View about Controversy over the Legitimacy of Judicial Review. 2011; 50 : 1-31.

kang seungsik. "A Narrow View about Controversy over the Legitimacy of Judicial Review" DONG-A LAW REVIEW no.50(2011) : 1-31.

kang seungsik. A Narrow View about Controversy over the Legitimacy of Judicial Review. DONG-A LAW REVIEW, 50, 1-31.

kang seungsik. A Narrow View about Controversy over the Legitimacy of Judicial Review. DONG-A LAW REVIEW. 2011; 50 1-31.

kang seungsik. A Narrow View about Controversy over the Legitimacy of Judicial Review. 2011; 50 : 1-31.

kang seungsik. "A Narrow View about Controversy over the Legitimacy of Judicial Review" DONG-A LAW REVIEW no.50(2011) : 1-31.