Loading presentation...

Present Remotely

Send the link below via email or IM


Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.


Judicial Review: The Countermajoritarian Dilemma

No description

Vanessa Dojaquez

on 22 April 2011

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Judicial Review: The Countermajoritarian Dilemma

Judicial Review:
The Counter-Majoritarian Dilemma in a Majoritarian Society The Dilemma Main Problems 1. Countermajoritarian = Not Popularly Elected
2. Not explicit in the Constitution
3. Judges put ideology into decisions Is Majoritarian Better? Responses:
1. Tyranny of the Majority
(Mathew Adler, UPenn Law Review)
2. Anti-Democratic Theory
(Alon Harel, Law and Philosophy Journal) Brown v. Board of Education Where is Judicial Review in the Constitution? Responses:
1. Term "Judicial Review" wasn't used until 1910
(Sarah Bilder, The Yale Law Journal)
2. Already a norm amongst British Colonies and included in most U.S. States Constitutions Judicial Restraint? Where do justices come from? People President Supreme Court Response:
1. There is balance of ideologies
(Barry Friedman, The Yale Law Journal)
2. Legitimacy Justice Frankfurter
Baker v. Carr (1962) "The court's authority- possessed of neither the purse nor the sword- ultimately rests on sustained public confidence in its' moral sanction."
Full transcript