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Democracy and Distrust: A Theory of Judicial Review (Harvard Paperbacks) by John Ely, John Hart Ely is a book available to read on EtoBox.

What is Democracy and Distrust: A Theory of Judicial Review (Harvard Paperbacks) about?

This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and ha

Author

John Ely, John Hart Ely

Publisher

Harvard University, Department of Sanskrit & Indian Studies

Published

1980

Language

EN

ISBN

9780674249127

Subjects

Law, Political Science

Rating

4.13 / 5 (152 ratings)

Updated

2026-03-14