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Paperback Judicial Review and Contemporary Democratic Theory: Power, Domination, and the Courts Book

ISBN: 1138095214

ISBN13: 9781138095212

Judicial Review and Contemporary Democratic Theory: Power, Domination, and the Courts

For decades, the question of judicial review's status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." 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...

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