Beyond Juristocracy and Legislative Authoritarianism: On the criteria governing the legitimate institutionalization of the relationship between courts and legislatures

The idea of Socratic contestation provides not only a basic account of the point of judicial review but also guides its appropriate institutionalization. The distinction between “strong” and “weak” judicial review is undercomplex. Instead a wider range of variables needs to be considered. This piece discusses what these variables are, how they matter and what this implies for the adequate institutionalization of the relationship between the legislature and the judiciary beyond juristocracy and legislative authoritarianism.