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Jul 20, 2015 · Under that conception, a more democratic approach to the counter-majoritarian difficulty would provide popular majorities (as opposed to legislatures) with the faculty of amending the fundamental law in order to respond to a judicial decision that invalidated (or validated) an ordinary law.
- Shapiro, Pluralism and Process Theory
- Imperium and Dominium: Petit and Democracy-Against-Domination
- Democracy-Against-Domination and Recent Empirical Studies of Courts
Central to Shapiro's recent work on democratic theory is the understanding of democracy as “a means to manage power relations so as to minimize domination.”Footnote 45 This colors Shapiro's view of hierarchies generally, especially their institutional manifestations. Hierarchies are not inherently dominative (organization hierarchies such as teache...
This idea—that if democracy's central normative point is opposition to domination, then multiple procedural avenues to contest particular practices of domination are democratically legitimate—is also a guiding principle in the democratic theory of Philip Pettit. Pettit is not primarily a democratic theorist; his central concern is rehabilitating a ...
Empirical scholars of judicial review in a comparative context disagree about the democratic valence of judicial review. One skeptic is Ran Hirschl, who has recently conducted an examination of the transition to more codified constitutional texts and the consequences of judicial review in Israel, South Africa, New Zealand, and Canada.Footnote 64 Hi...
- Scott E Lemieux, David J Watkins
- 2009
Using the “democracy-against-domination” approach, we assess the democratic status of judicial review, and conclude that judicial review has the potential to make a modest and contingent positive contribution to democracy.
- Scott E Lemieux, David J Watkins
- 2009
Jan 7, 2013 · The American Supreme Court’s most prominent normative difficulty, the countermajoritarian (CM) difficulty, captures two fundamental aspects of democratic government: majoritarianism and electoral accountability. 1 The majoritarianism aspect presents the difficulty of an unelected Court that rules in a specific controversy against the current ...
Under that conception, a more democratic approach to the counter-majoritarian difficulty would provide popular majorities with the faculty of amending the fundamental law in order to respond to a judicial decision that invalidated an ordinary law.
May 1, 2011 · Under that conception, a more democratic approach to the counter-majoritarian difficulty would provide popular majorities (as opposed to legislatures) with the faculty to amend the...
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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.
