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Democracy and Distrust: a Theory of Judicial Review, by John Hart Ely
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- Sales Rank: #15330487 in Books
- Published on: 1982
- Binding: Paperback
Most helpful customer reviews
0 of 0 people found the following review helpful.
There's no countermajoritarian problem
By Arnold
Ely's Democracy and Distrust: A Theory of Judicial Review attempts to square the circle of the judicial review literature. Ely argues that an interpretivist approach to constitutional review doesn't encounter the same countermajoritarian difficulties of other approaches. Indeed, judicial review and the constitution focus on procedural rules that make democracy workable by protecting every individual's right to participate and vote in democracy. This is different from protecting substantive values, which Ely claims are more ephemeral and shouldn't be constitutionalized (see, 18th amendment). Sometimes Ely's writing is marred by long and confusing sentences. He seems to like sentences interrupted by dashes and completely new ideas. This shouldn't discourage people from reading the book, but might mean it'll take a bit more work to understand his arguments.
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