At the end of the 20th century, constitutional democracy, in which courts sit in judgment on the decisions that are made by the elected representatives of the people, has emerged as the pre-eminent model of structuring the powers of the state all over the world. On the other hand, this flourishing of a ‘judicialisation of politics’ has come about without a satisfactory account having been provided for why so much power should be entrusted to a small group of lawyers who are unelected and virtually unaccountable to anyone but themselves. The unprecedented globalisation of judicial review has occurred despite the fact that an adequate justification for making judges so powerful has still to be written. This chapter discusses judicial review based on the principle of proportionality, the neutrality of proportionality, proportionality and private law, the logic of proportionality, the justice of proportionality, proportionality and private schools, and proportionality and pragmatism.
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