Please note: In order to keep Hive up to date and provide users with the best features, we are no longer able to fully support Internet Explorer. The site is still available to you, however some sections of the site may appear broken. We would encourage you to move to a more modern browser like Firefox, Edge or Chrome in order to experience the site fully.

Supporting your high street Find out how »
Judicial Independence and the American Constitution : A Democratic Paradox, Hardback Book

Judicial Independence and the American Constitution : A Democratic Paradox Hardback

Hardback

Available to Order - This title is available to order, with delivery expected within 2 weeks

Description

The 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. 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 Constitution provocatively defends the centrality of these special protections of judicial independence.

Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch.

He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.

Information

Save 4%

£58.00

£55.15

Available to Order - This title is available to order, with delivery expected within 2 weeks
Add to Basket
Sign in to add to wishlist
 
Free Home Delivery

on all orders

 
Pick up orders

from local bookshops

Information