Civic Liberalism and the “Dialogical Model” of Judicial Review

  • Colin Farrelly


Consider the following scenarios which could occur in any affluent, liberal democratic society:

Scenario 1: Intelligence gathering operatives believe that there is a good chance that the country will be the target of a terrorist attack within the next 48 hours. The exact nature of the attack is unknown, but there is good reason to believe that the risk of attack is significant. Military personnel and equipment have been stationed at airports and some airlines have cancelled flights. Much debate takes place in the media concerning how much is being done to guard against this possible attack. Critics of the existing government claim that more should be done. One prominent critic complains that “citizens should not have to be fearful of such attacks in their own homes, schools or airports; the government needs to do more to eliminate these threats!”


Distributive Justice Liberal Democracy Judicial Review Direct Democracy Moral Demand 
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© Colin Farrelly & Lawrence B. Solum 2008

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  • Colin Farrelly

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