Jeremy Waldron
Jeremy Waldron is a New Zealand legal and political philosopher whose work examines human rights, constitutionalism, democracy, and the rule of law.
Political philosophy: The study of political institutions, power, justice, rights, and the principles governing collective life. This broader discipline frames Waldron’s inquiries into law, democracy, and political authority.
Judicial review: The power of courts to assess whether legislation or executive action complies with a constitution or other higher law. Waldron questions giving courts final authority to invalidate laws in functioning democracies.
Ronald Dworkin: An American legal philosopher who defended rights-based judicial interpretation and a distinctive account of legal reasoning. Dworkin’s defense of judicial interpretation provides a prominent target for Waldron’s critique of strong review.
H. L. A. Hart: An English legal philosopher whose account of law as a system of rules shaped modern analytical jurisprudence. Hart’s jurisprudence forms part of the analytical tradition in which Waldron’s legal philosophy works.
Hate speech: Expression that attacks or demeans people on grounds such as race, religion, ethnicity, or sexual orientation. Waldron argues that some restrictions can protect the public assurance of equal dignity.
Jurisprudence: The philosophical study of law, including its nature, authority, interpretation, and relation to morality. Waldron’s work asks what makes legal institutions authoritative and legitimate.
Legislative supremacy: The principle that a legislature has final lawmaking authority within its constitutional system. Waldron argues that elected legislatures can decide rights disputes with democratic legitimacy.
John Hart Ely: An American constitutional scholar who defended judicial review as a way to protect democratic processes and political participation. Ely offers a process-based defense of review against Waldron’s broader objections to judicial supremacy.
John Rawls: An American political philosopher whose theory of justice centers on fair principles for society’s basic institutions. Rawls’s account of political justice provides a major background for contemporary debates Waldron engages.
Torture: The intentional infliction of severe physical or psychological pain for purposes such as punishment, coercion, or information gathering. Waldron examines why legal systems should reject torture even under claims of emergency necessity.