Zitat des Tages über Gerichtliche Überprüfung / Judicial Review:
If judicial review means anything, it is that judicial restraint does not allow everything.
If people around the world knew how well people at Guantanamo Bay are treating prisoners, they would not fall prey to the accusations that some in our Chamber are making. They are all receiving judicial review.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
Helen Zille, formidable leader of the Democratic Alliance, routinely vilified as representing white interests only, is trying to make sure everyone knows that the case against Zuma is strong and is trying to have it investigated in a judicial review.
Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.
Judicial review has been a part of our democracy in this constitutional government for over 200 years.
A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.
The Court's legitimacy arises from the source of its authority - which is, of course, the Constitution - and is best preserved by adhering to decision methods that neither expand nor contract but legitimize the power of judicial review.