Weak-form systems of judicial review have been praised as a means of reconciling democratic self-governance with constitutionalism, providing for popular engagement with counter-majoritarian decisions through a democratically elected body. Central to the normative appeal of this model is the notion that the legislature will engage in deliberation and contestation regarding the desirable scope of rights-protections. Drawing on case studies from New Zealand, Australia and Canada, this paper seeks to demonstrate how rights-based contestation or deliberation can be undermined when legislation is considered by parliament in contexts of urgency, both formal and informal. This has consequences for the normative appeal of weak-form review, suggesting that in situations of perceived crisis where rights protections may be most needed, they may also be most vulnerable.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is available here. Submissions for papers and panels must be made by May 1, 2021.
Log into your ICON•S account and apply for ICON•S Mundo by submitting your proposal.Apply for ICON•S Mundo