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Judicial Independence and the American Constitution - A Democratic Paradox (Hardcover) Loot Price: R873
Discovery Miles 8 730
You Save: R181 (17%)
Judicial Independence and the American Constitution - A Democratic Paradox (Hardcover): Martin H Redish

Judicial Independence and the American Constitution - A Democratic Paradox (Hardcover)

Martin H Redish

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List price R1,054 Loot Price R873 Discovery Miles 8 730 | Repayment Terms: R81 pm x 12* You Save R181 (17%)

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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.

General

Imprint: Stanford University Press
Country of origin: United States
Release date: March 2017
First published: 2017
Authors: Martin H Redish
Dimensions: 229 x 152 x 18mm (L x W x T)
Format: Hardcover - Cloth
Pages: 272
ISBN-13: 978-0-8047-9290-5
Categories: Books > Health, Home & Family > Self-help & practical interests
Books > Health, Home & Family > Self-help & practical interests > Law for the lay person
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LSN: 0-8047-9290-9
Barcode: 9780804792905

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