Description: Judicial Independence and the American Constitution : A Democratic Paradox, Hardcover by Redish, Martin H., ISBN 0804792909, ISBN-13 9780804792905, Brand New, Free shipping in the US 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.
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Book Title: Judicial Independence and the American Constitution : A Democrati
Number of Pages: 272 Pages
Language: English
Publication Name: Judicial Independence and the American Constitution : a Democratic Paradox
Publisher: Stanford University Press
Subject: Constitutional, General
Item Height: 0.7 in
Publication Year: 2017
Type: Textbook
Item Weight: 16.5 Oz
Author: Martin H. Redish
Item Length: 9 in
Subject Area: Law
Item Width: 6 in
Format: Hardcover
