counter - majoritarian difficulty

Summary

The countermajoritarian (CM) difficulty captures two fundamental aspects of democratic government: majoritarianism and electoral accountability. The majoritarianism aspect presents the difficulty of an unelected Court that rules in a specific controversy against the current majority thus literally countering the majority will. 1 The counter-majoritarian difficulty is a perceived problem with judicial review of legislative (or popularly-created) laws. 2

According to


See more results on Neeva


Summaries from the best pages on the web

Summary The counter-majoritarian difficulty (sometimes counter-majoritarian dilemma ) is a perceived problem with judicial review of legislative (or popularly-created) laws
Counter-majoritarian difficulty - Wikipedia
favIcon
wikipedia.org

The problem posed by an unelected Supreme Court holding Congress’s laws to be unconstitutional and void has been described as the “counter-majoritarian difficulty.” 3 Footnote Alexander M. Bickel, The Least…
The Counter-Majoritarian Difficulty | U.S. Constitution Annotated | US ...
favIcon
cornell.edu

The problem posed by an unelected Supreme Court holding Congress’s laws to be unconstitutional and void has been described as the counter-majoritarian difficulty. 3 Footnote Alexander M. Bickel, The Least…
ArtIII.S2.C1.10.3 Counter-Majoritarian Difficulty - Congress
favIcon
congress.gov

Kurt Lash’s Majoritarian Difficulty : A Response to A Textual-Historical Theory of the Ninth Amendment, 60 STAN. L. REV. 937 (2008), arguing that the Ninth Amendment should be given an individual…
The Majoritarian Difficulty and Theories of Constitutional Decision Making
favIcon
upenn.edu

I. THE MAJORITARIAN DIFFICULTY Generations of constitutional scholars have grappled with the so-called countermajoritarian difficulty.5 The power of judicial review enables courts to interfere with the majority’s preferences. Because the…
Countering the Majoritarian Difficulty - University of Minnesota
favIcon
umn.edu

The counter-majoritarian difficulty states a problem with the legitimacy of the institution of judicial review: when unelected judges use the power of judicial review to nullify the actions of electedexecutives…
Legal Theory Lexicon: The Counter-Majoritarian Difficulty
favIcon
typepad.com

Majoritarian Difficulty and Theories of Constitutional Decision Making. Cornell Law Library. Scholarship@Cornell Law: A Digital Repository. Cornell Law Faculty Publications Faculty Scholarship. 12-1-2010. Majoritarian Difficulty and Theories of. Constitutional Decision…
Majoritarian Difficulty and Theories of Constitutional Decision Making
favIcon
cornell.edu

majoritarian cast of judicial review, see Friedman, supra note 4, at 590-600. 10 See id. at 61-74. There are signs that the influence of the paradigm are waning in the…
THE HISTORY OF THE COUNTERMAJORITARIAN DIFFICULTY, PART ONE: THE ... - SSRN
favIcon
ssrn.com

I. THE MAJORITARIAN DIFFICULTY Generations of constitutional scholars have grappled with the so-called countermajoritarian difficulty . 5. The power of judicial review enables courts to interfere with the majority’s preferences. Because…
Countering the Majoritarian Difficulty - University of Notre Dame
favIcon
nd.edu