Democracy, popular sovereignty, and judicial review
Article Abstract:
Frank Michelman posits a theory on how US Supreme Court Justice William Brennan would have resolved the conflict between constitutionalism and democracy which is faulty due to his underlying premise that democracy requires respect for laws and not civic participation in their creation. Constitutional decisions are not necessarily viewed in the same terms or with the same respect by individual citizens as by the justices creating them. A theory taking into account the difference between democracy and popular sovereignty is necessary.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1998
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Brennan and Democracy: the 1996-97 Brennan Center Symposium Lecture
Article Abstract:
Supreme Court Justice William Brennan's influence on and contribution to constitutional philosophy must be regarded in any consideration of the tension between the principles of democracy and constitutionalism. The tension between politics and law transcending politics underlies academic debate and practical application in judicial decisionmaking. Commentators differ in respect to their view of democracy as either procedurally or substantively based.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1998
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Rejoinders
Article Abstract:
Robert Post, Kathleen Sullivan, Ronald Dworkin, and Don Herzog have presented comments on the tensions underlying constitutional democracy and US Supreme Court Justice William Brennan's place in that discussion. Agreement or concession with aspects of their comments is possible. Several points of contention with the commentators are noted.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1998
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