Book Review:
James A. Thomson, An Endless by Productive Dialogue: Some Reflections on Efforts to Legitimize Judicial Review (reviewing Michael J. Perry’s The Constitution, The Courts, and Human Rights: An Inquiry Into the Legitimacy of Constitutional Policymaking by the Judiciary (1982)), 61 TEXAS L. REV. 743 (1982).
 

Abstract:
The issue of whether the judiciary should have the power to declare legislative acts unconstitutional is as old as the Constitution. In Michael Perry’s book, he deals with a narrower issue: whether, and to what extent, the judiciary may enforce, as constitutional norms, values beyond those constitutionalized by the framers, specifically regarding political and civil human rights. Perry answers yes and no. He begins by accepting as axiomatic that those who are electorally accountable should control governmental policymaking in the United States. Perry advances a test for legitimacy that is political, not constitutional.