Rights and the Domain of Weak-form Review

The contrast between weak-form and strong-form judicial review is familiar. But not a lot of notice has been taken of the fact that weak form review in systems like that of the UK, New Zealand, and Canada applies only to scrutiny based on rights. Weak-form review is not applied to constitutional scrutiny on structural grounds. (This is particularly apparent in the Canadian example). Why is this? This paper considers a number of possible explanations, including the idea that settlement is needed more urgently for structural issues than for rights issues.