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Democracy, Liberty, and Judicial Review

By Alexander Kaufman

Democracy, Liberty, and Judicial Review Law

Democracy, Liberty, and Judicial Review

0 - Default Title
Description
Contemporary democratic theory often posits that the will of the majority should resolve fundamental questions regarding rights, rather than the courts. However, this perspective misunderstands the essence of democracy, where the protection of basic liberties by the judiciary is, in fact, integral to democratic governance. Recent Supreme Court decisions have made it a challenging time to defend judicial review, seemingly validating the concerns of its critics. Are the sceptics correct in asserting that an unrepresentative branch should not decide fundamental questions about rights? Alexander Kaufman argues that such a conclusion overlooks the crucial role judicial review has played in modern democracies: dismantling Jim Crow laws, abolishing poll taxes, and striking down numerous other discriminatory laws enacted by elected representatives - laws that erode democratic values. Far from diluting democracy, judicial review is a vital component of it and abandoning this practice would be a concession to its adversaries.
Product details
Number of Pages:
314
Release Date:
2025-11-25
Publication Date:
2025-11-25
Publisher:
Cambridge University Press
Languages:
Original: English
ISBN10:
1009661566
ISBN13:
9781009661560
Weight:
608 g
Height:
157 cm
Width:
235 cm
Thickness:
21 cm
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