Judicial Review and Contemporary Democratic Theory - Power, Domination, and the Courts (Paperback)

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.

General

Imprint:	Routledge
Country of origin:	United Kingdom
Series:	Law, Courts and Politics
Release date:	November 2017
First published:	2018
Authors:	Scott E. Lemieux • David J. Watkins
Dimensions:	229 x 152 x 27mm (L x W x T)
Format:	Paperback
Pages:	184
ISBN-13:	978-1-138-09521-2
Categories:	Books > Social sciences > Politics & government > Political science & theory Books > Law > Jurisprudence & general issues > General Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy Books > Social sciences > Politics & government > Political structure & processes > Democracy Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General Books > Philosophy > Topics in philosophy > Social & political philosophy Promotions
LSN:	1-138-09521-4
Barcode:	9781138095212

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