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Judicial review and democracy

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Published by Random House in New York .
Written in English



  • United States,
  • United States.


  • Judicial review -- United States,
  • United States -- Politics and government

Book details:

Edition Notes

Statement[by] Howard E. Dean.
SeriesStudies in political science, PS52
LC ClassificationsKF4575.Z9 D4
The Physical Object
Paginationxi, 209 p.
Number of Pages209
ID Numbers
Open LibraryOL5981542M
LC Control Number66010535

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This is the first of two papers that explore the politics of constitutional review – the power of a court or other organ of government to review the constitutionality of public acts, including legislation, and to void those acts as unlawful when they are found to be in conflict with the constitutional law. The paper is a composite of portions of two articles: The Success of Judicial Review   Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. Recommended Citation Monahan, Patrick J. "Judicial Review and Democracy: A Theory of Judicial Review."UBC Law Review (): ?article=&context=scholarly_works.   BOOK REVIEW Judicial review in a democracy J IST It is a counter-majoritarian check on democracy. Judicial activism, however, does   That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful  › Books › New, Used & Rental Textbooks › Social Sciences.

Judicial Democracy Gerald Russello The problem with Justice Breyer’s recent book begins at the second sentence: “ The Constitution’s framers and history itself have made the Court the ultimate arbiter of the Constitution’s meaning as well as the source of answers to as multitude of questions about how this vast, complex country will be DOI: / Corpus ID: Democracy and Distrust: A Theory of Judicial Review Books @article{LynchDemocracyAD, title={Democracy and Distrust: A Theory of Judicial Review Books}, author={Gerard E. Lynch}, journal={Columbia Law Review : A-Theory-of-Judicial.   Hence, judicial review is not undemocratic simply because it enables unelected judges to over-rule elected legislators when people disagree about rights. Against recent defenders of judicial review, such as Eisgruber and Brettschneider, it shows that democratic arguments for judicial review do not require judges to be better at protecting The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the ://

  The threat of judicial review, and the potential for an individual, campaign group or charity to use the courts to obtain a remedy, is sufficient to force a public body to act in accordance with By Patrick J. Monahan, Published on 01/01/ Comments. Credit notice for original publication: Monahan, Patrick J, “Judicial Review and Democracy: A Theory of Judicial Review” () UBC L   Ginsburg contends that although judicial review amounts to a limitation of democracy it is a necessary condition for the spread of at least some kind of democracy. [ 16 ] He goes on to argue that the institution of judicial review provides insurance to potential electoral losers and can thus persuade them to commit to the democratic :// / Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing 'insurance' to prospective electoral losers, judicial review can facilitate ://