Journal ArticleA fundamental and potentially healthy tension exists between democratic government, under which the majority ordinarily prevails, and judicial review, by which the judiciary may check unconstitutional actions of the political branches. A balance must be struck between the two concepts, or one could consume the other. Unchecked majoritarianism could erode not only constitutional protections of individual and minority rights, but also federalism and the constitutional separation of powers. Judicial review without limit would result in the degradation of democratic government and a corresponding rule by judges. "First published by the University of Colorado Law Review, 49 U. Colo. L. Rev. 1 (1977); permission to reprint mus...
This study of American constitutional theory and practice offers a distinctive perspective on the in...
The modern political question doctrine has long been criticized for shielding the political branches...
This article talks about the role of Supreme Court in American democracy. Further it expands on the ...
This Article draws on my legislative and judicial background to focus both on the tendency of the co...
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This Article describes and analyzes a hitherto unrecognized doctrine—the political remedies doctrine...
This article examines the role of the federal courts in the war on terrorism, and contrasts the diff...
When the Executive\u27s use of the war powers infringes on individual liberties and resulting cases ...
Judicial review has long been characterized by constitutional scholars as countermajoritarian and an...
This Article challenges the conventional narrative about the political question doctrine Scholars co...
An essay is presented on the context of safeguarding the federal judiciary corresponding to the sepa...
This Article discusses the United States\u27 commitment to constitutional governance and the account...
Can constitutional review by judges save democracy? This Article identifies and discusses the rise o...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
This study of American constitutional theory and practice offers a distinctive perspective on the in...
The modern political question doctrine has long been criticized for shielding the political branches...
This article talks about the role of Supreme Court in American democracy. Further it expands on the ...
This Article draws on my legislative and judicial background to focus both on the tendency of the co...
US Federal Courts and Inter-Branch War Powers Author: Erica Fields, with Dr. Jasmine Farrier and D...
This Article considers how U.K courts might exercise review under a hypothetical British war powers...
This Article describes and analyzes a hitherto unrecognized doctrine—the political remedies doctrine...
This article examines the role of the federal courts in the war on terrorism, and contrasts the diff...
When the Executive\u27s use of the war powers infringes on individual liberties and resulting cases ...
Judicial review has long been characterized by constitutional scholars as countermajoritarian and an...
This Article challenges the conventional narrative about the political question doctrine Scholars co...
An essay is presented on the context of safeguarding the federal judiciary corresponding to the sepa...
This Article discusses the United States\u27 commitment to constitutional governance and the account...
Can constitutional review by judges save democracy? This Article identifies and discusses the rise o...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
This study of American constitutional theory and practice offers a distinctive perspective on the in...
The modern political question doctrine has long been criticized for shielding the political branches...
This article talks about the role of Supreme Court in American democracy. Further it expands on the ...