On Judicial Review in a Separation of Powers System*

Tiberiu Dragu and Oliver Board

Political Science Research and Methods, 2015, vol. 3, issue 3, 473-492

Abstract: The institution of judicial review is an important mechanism of holding the government legally accountable, nevertheless questions remain about its proper role in a separation of powers system. This article analyzes the effect of judicial review on the policy-making process from an expertise perspective. It shows that the exercise of non-expert judicial review can induce more informed policies and that non-expert courts have incentives to exercise judicial review in a manner consistent with institutional concerns for expertise. In addition to its importance as a mechanism of legal accountability, our analysis underscores another virtue of judicial review: legal review of governmental policy by non-expert courts can improve the amount of information available for policy making. The article contributes to a literature on the scope and legitimacy of judicial review and has broader implications for understanding the effect of institutional checks and balances on the quality of policy making.

Date: 2015
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