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  1. Participation and judicial review: A reply to Jeremy Waldron. [REVIEW]Aileen Kavanagh - 2003 - Law and Philosophy 22 (5):451-486.
    This article challenges Jeremy Waldron's arguments in favour of participatory majoritarianism, and against constitutional judicial review. First, I consider and critique Waldron's arguments against instrumentalist justifications of political authority. My central claim is that although the right to democratic participation is intrinsically valuable, it does not displace the central importance of the `instrumental condition of good government': political decision-making mechanisms should be chosen (primarily) on the basis of their conduciveness to good results. I then turn to an examination of Waldron's (...)
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