Who will Save the Redheads? Towards an Anti-Bully Theory of Judicial Review and Protection of Democracy

33 Pages Posted: 2 Dec 2019 Last revised: 6 Apr 2020

See all articles by Yaniv Roznai

Yaniv Roznai

Interdisciplinary Center (IDC) Herzliya - Radzyner School of Law

Date Written: November 16, 2019

Abstract

This article analyses three main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and non-believers that courts can save democracy; and the tension between strategic and legal considerations that courts consider when facing pressure from political branches. At its core, the article argues that courts have an important role in protecting democracy against constitutional reforms eroding the constitutional order, and that courts should stand firm against pressure and do their best to protect democracy.

Keywords: democratic erosion, democracy, populism, unconstitutional constitutional amendments, judicial behavior

Suggested Citation

Roznai, Yaniv, Who will Save the Redheads? Towards an Anti-Bully Theory of Judicial Review and Protection of Democracy (November 16, 2019). William & Mary Bill of Rights Journal, Vol. 29, 2020, Available at SSRN: https://ssrn.com/abstract=3488474 or http://dx.doi.org/10.2139/ssrn.3488474

Yaniv Roznai (Contact Author)

Interdisciplinary Center (IDC) Herzliya - Radzyner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel

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