Judicial Independence and the American Constitu. Redish<|
Judicial Independence and the American ConstitutionA Democratic Paradox\nAuthor(s): Martin H. Redish\nFormat: Hardback\nPublisher: Stanford University Press, United States\nImprint: Stanford University Press\nISBN-13: 9780804792905, 978-0804792905\nSynopsis\nThe 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 representational form of government.\n\n This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constituti.
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