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The judiciary and American democracy : Alexander Bickel, the countermajoritarian difficulty, and contemporary constitutional theory / Kenneth D. Ward and Cecilia R. Castillo, editors.
- Format:
- Book
- Series:
- SUNY series in American constitutionalism.
- SUNY series in American constitutionalism
- Language:
- English
- Subjects (All):
- Constitutional law--United States--Philosophy.
- Constitutional law.
- Political questions and judicial power--United States.
- Political questions and judicial power.
- Bickel, Alexander M.
- Physical Description:
- 1 online resource (205 p.)
- Edition:
- 1st ed.
- Place of Publication:
- Albany : State University of New York Press, c2005.
- Language Note:
- English
- Summary:
- The role courts should play in American democracy has long been contested, fueling debates among citizens who take an active interest in politics. Alexander Bickel made a significant contribution to these debates with his seminal publication, The Least Dangerous Branch, which framed the problem of defending legitimate judicial authority. This book addresses whether or not the countermajoritarian difficulty outlined in Bickel's work continues to have significance for constitutional theory almost a half-century later. The contributors illustrate how the countermajoritarian difficulty and Bickel's response to it engage prominent theories: the proceduralisms of John Hart Ely and Jeremy Waldron; the republicanisms of Bruce Ackerman and Cass Sunstein; and the originalisms of Raoul Berger, Robert Bork, and Keith Whittington. In so doing, this book provides a useful introduction to recent debates in constitutional theory and also contributes to the broader discussion about the proper role of the courts.
- Contents:
- Front Matter
- Contents
- Introduction
- Principle, Prudence,and Judicial Power
- The Jurisprudence of Constitutional Regimes
- Alexander Bickel and the New Judicial Minimalism
- Democratic Constitutionalism
- The Countermajoritarian Difficulty
- An Empirical Analysis of Alexander Bickel’s
- Bickel and the New Proceduralists
- Constitutional Theory and the Faces of Power
- Contributors
- Index
- Notes:
- Description based upon print version of record.
- Includes bibliographical references and index.
- ISBN:
- 9780791482773
- 0791482774
- 9781423747826
- 1423747828
- OCLC:
- 63172275
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