Debates about judicial authority―including debates about the desirability of judicial review of legislation-sometimes turn on the question of whether judges have superior skills when it comes to addressing what are, essentially, moral issues about rights. This paper considers the possibility...

The question about whether judges are better than legislatures at identifying and addressing the moral issues associated with rights needs to be posed in a more refined way that takes account of the suggestions made by Professors Beaud, Dyzenhaus, and Sadurski. As Professor Sadurski points out,...