Judiciary in American Democracy: Alexander Bockel, the Counter-Majoritarian Difficulty, and Contemporary Constitutional Theory

Judiciary in American Democracy: Alexander Bockel, the Counter-Majoritarian Difficulty, and Contemporary Constitutional Theory

by Kenneth Ward

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Overview

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.

Product Details

ISBN-13: 9780791482773
Publisher: State University of New York Press
Publication date: 09/18/2009
Sold by: Barnes & Noble
Format: NOOK Book
File size: 338 KB

About the Author

At Texas State University at San Marcos, Kenneth D. Ward is Associate Professor and Cecilia R. Castillo is Assistant Professor in the Department of Political Science. Castillo is the coeditor (with Kenneth L. Grasso) of Liberty Under Law: American Constitutionalism, Yesterday, Today, and Tomorrow.

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