Jones, B.C. orcid.org/0000-0003-2344-976X (2022) Judicial review and embarrassment. Public Law, 2022 (Apr). pp. 179-188. ISSN 0033-3565
Abstract
Judicial review possesses a significant and remarkable potential to embarrass. Although some form of moderate embarrassment is built into the judicial review process, this paper contends that in some instances courts have transitioned from unintentionally to intentionally embarrassing the elected branches. The implications of this transition are significant, and could impact how the public view their elected officials. The ability to embarrass is also pronounced because of how courts can portray the elected branches in relation to their understanding of the constitution or major constitutional principles. This paper articulates three different types of portrayals that judicial review employs in relation to the elected branches: constitutional newbies, constitutional fools, and constitutional villains. Ultimately, the paper concludes that if judicial review becomes more about making statements or sending messages, asserting power over or attempting to subordinate the other branches, or needlessly rubbing salt into the already deeply troubled wounds of the political realm, then the idea and practice of judicial review becomes significantly diminished.
Metadata
Item Type: | Article |
---|---|
Authors/Creators: |
|
Copyright, Publisher and Additional Information: | © 2022 Thomson Reuters. This is an author-produced version of a paper subsequently published in Public Law. This version available under the terms of the Creative Commons Attribution-NonCommercial Licence (http://creativecommons.org/licenses/by-nc/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. You may not use the material for commercial purposes. |
Keywords: | constitutional law; embarrassment; judicial review; United Kingdom; United States |
Dates: |
|
Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 31 Mar 2022 09:21 |
Last Modified: | 01 Apr 2023 00:13 |
Status: | Published |
Publisher: | Sweet and Maxwell |
Refereed: | Yes |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:184864 |
Download
Filename: BCJ - JR and embarrassment - White Rose.pdf
Licence: CC-BY-NC 4.0