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Judicial Independence and the American Constitution: A Democratic Paradox

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Judicial Independence and the American Constitution: A Democratic Paradox - Redish, Martin H
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The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our ...

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Judicial Independence and the American Constitution: A Democratic Paradox 2017, Stanford Law Books

ISBN-13: 9780804792905

Hardcover