Judicial Review and Contemporary Democratic Theory: Power, Domination, and the Courts (Law, Courts and Politics)

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Synopsis
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 of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Copyright:
2018

Book Details

Book Quality:
Publisher Quality
Book Size:
184 Pages
ISBN-13:
9781351602136
Related ISBNs:
9781315105765, 9781138095212, 9781138095212, 9781138095199, 9781138095199, 9781315105765, 9781138095212, 9781138095212, 9781138095199, 9781138095199, 9781138095212, 9781138095199, 9781315105765
Publisher:
Taylor and Francis
Date of Addition:
Copyrighted By:
N/A
Adult content:
No
Language:
English
Has Image Descriptions:
No
Categories:
Nonfiction, Law, Legal Issues and Ethics, Politics and Government
Submitted By:
Bookshare Staff
Usage Restrictions:
This is a copyrighted book.

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