Tag: Whittington
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Allocative Silence: Threshold-Normativity and the Collapse of Whittington’s Distinction
[By Devansh Shrivastava, Fourth Year B.A. LL.B. (Hons.) student at NLSIU, Bengaluru] The central anxiety of constitutional theory is the “counter-majoritarian difficulty”. In a democracy, the legitimacy of unelected judges striking down laws enacted by elected representatives is perpetually suspect. The aim then is to ensure that judges function as faithful agents of the text…