Article1981

Democracy and Distrust: A Theory of Judicial Review

801 citations0/0 files storedHarvard Law Review

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Judicial and Constitutional Studies American Constitutional Law and Politics Comparative constitutional jurisprudence studies

Abstract

1. The Allure of Interpretivism 2. The Impossibility of a Clause-Bound Interpretivism 3. Discovering Fundamental Values 4. Policing the Process of Representation: The Court as Referee 5. Clearing the Channels of Political Change 6. Facilitating the Representation of Minorities Conclusion Notes Index

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Cited by

2009Democracy-Enhancing Multilateralism 2010Foundations of Public Law 2017The Political Economy of the Investment Treaty Regime 2009Regimes and the Rule of Law: Judicial Independence in Comparative Perspective 2003“When the Devil Turns … ”: The Political Foundations of Independent Judicial Review 2015Constitutional Courts in Comparative Perspective: A Theoretical Assessment 1995An Historical Introduction to Western Constitutional Law 1993Policy Practice: The Neglected Side of Social Work Intervention

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