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Doctrine of Judicial Review

ment to cope with problems in nature, the judge or legislator uses the vocabulary of liberal democracy to cope with problems in society. Also, Rorhy argues, the fact that the scientist's vocabulary is useful does not mean that it is therefore an especially accurate representation of Nature itself; so too, it is wrong to think that because the vocabulary of the Constitution is useful it thereby reflects the inherent nature of democracy.

Scientists have tried to use the scientific method to filter out all subjective or irrational thoughts that were not Nature's Own. Judges also may try to purge themselves of all their human feelings and moral beliefs in an attempt to think only those thoughts which are the Constitution's Own in their pursuit of truth. Rorhy sees two problems with this approach. First, he contends that we must not separate morals and values from either our science our policymaking, since to try to predict and control men without also trying to understand them and deal with them justly is a blow to the solidarity of the human community.

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Doctrine of Judicial Review. (1969, December 31). In LotsofEssays.com. Retrieved 01:02, May 10, 2024, from https://www.lotsofessays.com/viewpaper/1683890.html