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46 Seton Hall Legis. J. 1 (2022)

handle is hein.journals/sethlegj46 and id is 1 raw text is: DIALOGUE OF THE DEAF: A COMPARATIVE LEGISLATIVE ANALYSIS OF WEAK- FORM JUDICIAL REVIEW Douglas Tomlinson* In contrast to the monologue of strong-form judicial review, weak-form judicial review creates a dialogue between the judicial and legislative branches which allegedly results in more holistic and democratically legitimate interpretations of constitutional and rights-based questions. For this dialogue, however, to have such results, the legislature needs to independently engage in thoughtful analysis on the issue. Otherwise, it is likely either blindly acquiescing to the judiciary or blindly imposing its will on the judiciary. Whether weak-form judicial review promotes such legislative engagement and fulfills its potential has not been thoroughly examined. This article will compare the level of legislative engagement in countries with weak- and strong-form judicial review to determine if weak-form judicial review results in improved legislative engagement that in turn promotes democratic dialogue. In so doing, case studies of legislative responses to judicial decisions will be presented from the United States, India, and the United Kingdom. The article concludes that legislative engagement should be one of the factors analyzed when assessing the benefits of weak-form judicial review and that legislative engagement might not occur in a sufficient quantity or quality in models of weak-form judicial review to result in the alleged dialogic benefits. 1 * J.D., cum laude, 2019, Georgetown University Law Center; M.A., The George Washington University; B.A., New York University. To my daughter, you inspire me every day.

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