Skip to main content
3 of 4
title grammar
BlueDogRanch
  • 19k
  • 5
  • 37
  • 61

Why is it just "lazy and non-falsifiable" thinking to believe judicial review is just politics or values in a different guise?

  1. Does non-falsifiable mean this and this?

  2. Please see subject.

      Fifth, and finally, always remember that legal reasoning matters. It is true that normative outlooks on a variety of matters shape approaches to judicial review. It is also true that different judges may approach the same ground of review in different ways. There is also no doubt that many decisions will have important political implications. But none of this is to say that judicial review is just politics or values in a different guise—to say that is just to engage in lazy and non-falsifiable thinking. The point of all of the above is that the key in getting to grips with this case law is to get to grips with the legal detail and see how that detail shapes the grounds of review of their application.

Mark Elliott. Public Law (3 ed 2017). p 554.

user89