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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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Judicial Review and Contemporary Democratic Theory - Power, Domination, and the Courts (Paperback)
Loot Price: R1,427
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Judicial Review and Contemporary Democratic Theory - Power, Domination, and the Courts (Paperback)
Series: Law, Courts and Politics
Expected to ship within 12 - 17 working days
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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.
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