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Rawlsian Jurisprudence and the Limits of Democracy

Zeitlin, Samuel Garrett; (2021) Rawlsian Jurisprudence and the Limits of Democracy. Perspectives on Political Science , 50 (4) pp. 278-288. 10.1080/10457097.2021.1950488. Green open access

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Abstract

The present article analyses John Rawls’s advocacy of judicial review via a close reading of Rawls’s discussions of his “principles of paternalism” and his “four-stage sequence” in A Theory of Justice (1971). The article surveys Rawls’s political “principles of paternalism,” the limits, checks, and constraints he imposes on majority rule and civic participation, and finally the role Rawls assigns to courts, judges, and judicial review within his political conception of justice. Following upon this survey, this article contends that the particular relations of supremacy and domination (Herrschafts-Verhältnisse) at which Rawls’s political thought aims are judicial or juridical—the supremacy of judges over citizens, of courts over legislatures, and of the judiciary over participatory politics.

Type: Article
Title: Rawlsian Jurisprudence and the Limits of Democracy
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/10457097.2021.1950488
Publisher version: https://doi.org/10.1080/10457097.2021.1950488
Language: English
Additional information: © 2021 The Author(s). Published with license by Taylor & Francis Group, LLC. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of History
URI: https://discovery.ucl.ac.uk/id/eprint/10176526
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