Is judicial restraint a matter of bright lines or of democratic deference? A comment on Stavros Tsakyrakis’ ‘Justice Unrobed’

Abstract

Prompted by Stavros Tsakyrakis Essay ‘Justice Unrobed’, this Comment argues against a theory of judicial review that divides legislative and judicial competence along substantive lines (civil rights v. social rights and matters of principle v. matters of policy) and in favor of one that asks constitutional adjudicators to defer to the legislature on democratic grounds.