... paper seeks to argue that a judicial protection of rights is necessary to achieve the ends of democracy, and that certain rights are essential to a sustainable democracy. I will then argue that while the very concept of judicial review may be undemocratic it is certainly not illegitimate. I will begin by briefly defining two concepts whose relationship form the crux of this essay - "democracy" and "rights". Democracy and Rights The concept of democracy is a contentious issue for legal theorists. Richard Posner groups the different schools of thought into "Concept 1" and "Concept 2" democracy.2 "Concept 1", deliberative democracy is based on an 'aspirational' ideal of political decisions being the outcome of informed debate by the citizenry. "Concept 2", pragmatic or elite democracy is based on Joseph Schumpeter's procedural view of democracy as system of arriving at political decisions by means of a competitive struggle for the people's vote. Rights, ...

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