The Judiciary and American Democracy: Alexander Bickel, the Countermajoritarian Difficulty, and Contemporary Constitutional TheoryKenneth D. Ward, Cecilia R. Castillo State University of New York Press, 1 Şub 2012 - 204 sayfa 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. |
İçindekiler
1 | |
1 PRINCIPLE PRUDENCE AND JUDICIAL POWER Robert F Nagel | 9 |
ALEXANDER BICKEL AND CASS SUNSTEIN Mark Tushnet | 23 |
3 ALEXANDER BICKEL AND THE NEW JUDICIAL MINIMALISM Christopher J Peters and Neal Devins | 45 |
THE BICKELACKERMAN DIALECTIC David M Golove | 71 |
TRADITION VERSUS ORIGINAL MEANING Stanley C Brubaker | 105 |
6 AN EMPIRICAL ANALYSIS OF ALEXANDER BICKELS THE LEAST DANGEROUS BRANCH Terri Peretti | 123 |
7 BICKEL AND THE NEW PROCEDURALISTS Kenneth DWard | 147 |
8 CONSTITUTIONAL THEORY AND THE FACES OF POWER Keith EWhittington | 163 |
CONTRIBUTORS | 191 |
193 | |
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abortion adjudication Alexander Bickel Amendment American Political Science argues argument Bork Bruce Ackerman Cambridge Cass Sunstein citizens claim commitment conception considered judgments consti constitutional decisions constitutional issues constitutional law constitutional principle constitutional theory constitutionalism countermajoritarian difficulty Deal-Great Society regime decide deliberation democracy democratic Dworkin elected institutions enforce fundamental Harvard Law Review Harvard University Press higher law Ibid James Bradley Thayer judges judicial authority Judicial Minimalism judicial review judiciary Justices justify Least Dangerous Branch Legal Process legislative legislature legitimacy legitimate litical majoritarian majority meaning ment minimalist moral normative originalists passive virtues political branches political decision political process Political Science Review popular sovereignty Princeton problem procedural minimalism public opinion question reflect Republicans Robert Bork role rule SCIP self-government stitutional structure Subsequent references substantive minimalism Sunstein text and notes theorists tion tional tive tradition Tushnet tutional values veto Waldron Warren Court Whittington Yale York