Not in for a Pound – In for a Penny? Must a Majoritarian Democrat Treat All Constitutional Judicial Review as Equally Egregious?
King's Law Journal, Vol. 21, 2010
25 Pages Posted: 1 Sep 2010 Last revised: 21 Sep 2010
Date Written: August 30, 2010
The author defends the position that rights-related judicial review is more democratically egregious than federalist-related judicial review and structural judicial review. He provides an in-depth argument for why the counter-majoritarian difficulty is much worse in the case of rights-related review.
Keywords: majoritarian democrat, rights-related judicial review, federalist-related judicial review, Bills of Rights, democracy, implied rights
Suggested Citation: Suggested Citation