Neutrality and Judicial Review

KSG Working Paper No. RWP03-008

32 Pages Posted: 16 Jul 2003

See all articles by Frederick Schauer

Frederick Schauer

University of Virginia School of Law

Multiple version iconThere are 2 versions of this paper

Abstract

Since Herbert Wechsler's famous article, the topic of neutrality has played central stage in many debates about judicial review specifically and constitutional law generally. On closer inspection, however, it turns out that the heading of "neutrality" encompasses not one but four different debates. One is about principled adjudication, another is about decision according to rules, a third is about substantive neutrality, and the fourth is about the desirability (or not) of designing the institutions of judicial review without regard to likely substantive outcomes and without regard to the likely staffing of those institutions. This paper distinguishes these four conceptions of neutrality and analyzes each of them.

Suggested Citation

Schauer, Frederick, Neutrality and Judicial Review. KSG Working Paper No. RWP03-008, Available at SSRN: https://ssrn.com/abstract=380920 or http://dx.doi.org/10.2139/ssrn.380920

Frederick Schauer (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-924-6777 (Phone)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
756
Abstract Views
4,482
Rank
61,723
PlumX Metrics