Judicial review and contemporary democratic theory: power, domination, and the courts
In: Law, courts and politics 10
In: Law & courts/legal theory/democratic theory
Introduction -- Beyond the countermajoritarian difficulty -- How not to argue about judicial review and democracy -- The revolution will be sub silentio: The Roberts Court and judicial minimalism -- Democracy-against-domination and contemporary democratice theory -- Compared to what? Judicial review as just another veto point -- Judicial review in a comparative context -- Conclusion : toward a realist, institutional democratic theory