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Nov 10, 2008 · We argue that a useful analysis of the democratic status of judicial review must abandon the “countermajoritarian difficulty” as an underlying premise. The assumption that judicial review is “countermajoritarian” and therefore a “deviant” institution is critically flawed in two critical respects.
- Scott E Lemieux, David J Watkins
- 2009
Oct 7, 2015 · In merging the theories and assumptions of the regime politics and political party literatures, this article identifies a rare but important type of “counter-majoritarian difficulty,” that is, a situation where the Supreme Court makes policy against the political will or preferences of a majority.
- Dave Bridge
- 2015
For example, one of the key concerns that political opportunity structure theory points to is how the state acts toward a social movement, or more generally toward those who challenge the social order—that is, whether it represses, co-opts, or accommodates the demands that such a movement advances.
- Jack M Bloom
- 2014
Feb 1, 2008 · It further discusses the consequences and advantages this holds for the conception of power, change, agency and structure as well as the political, politicisation and the notion of ‘success...
The apparent tension between judicial review and the democratic process—what Alexander Bickel dubbed the “countermajoritarian difficulty”—has been the focal point of modern constitutional scholarship.
Mar 13, 2020 · Abstract. Social hierarchies exist in democracies as well as in authoritarian societies. However, their nature is different. Democratic hierarchies are built bottom-up through election while autocratic hierarchies are built top-down through domination.
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What is counter-majoritarian difficulty?
Does judicial review undermine countermajoritarian difficulty?
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What happens if the court acts in a counter-majoritarian way?
How does a countermovement affect organizational inertia?
How do opposing movements affect political alignments?
By creating or amplifying critical events, movements alter political opportu-nities. Some events signal a receptiveness on the part of government, and some enlarge or constrain the tactical options of movements and countermovements even in the absence of a change in government policy.
