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Judicial review at the margins: Law, power, and prerogative
- University of Toronto Law Journal
- University of Toronto Press
- Volume 60, Number 1, Winter 2010
- pp. 81-108
- 10.1353/tlj.0.0041
- Article
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This essay on judicial review approaches its subject obliquely. It focuses on a particular site of constitutional abnormality: prerogative power. An analysis of the various iterations, historical and contemporary, between law and prerogative in its specific, rooted setting provides the basis for a more general account of the contemporary nature and role of judicial review, at a time when we appear to be entering a new 'age of prerogative' based on the politics of security and fear.