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Full-Text Articles in Law
Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan
Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan
Michigan Law Review
A Review of Judicial Review And The National Political Process: A Functional Reconsideration of the Role of the Supreme Court by Jesse H. Choper
Democracy And Distrust: A Theory Of Judicial Review, Michael Conant
Democracy And Distrust: A Theory Of Judicial Review, Michael Conant
Vanderbilt Law Review
This review is a critique of the major themes in Democracy and Distrust: A Theory of Judicial Review,' by Professor John Hart Ely of Harvard Law School. Ely primarily addresses the amount of discretion exercised by Supreme Court justices in deciding constitutional cases, a fundamental issue since few scholars today would contest the actual existence of the judicial review power of the Court. Ely's thorough scholarship presents a fine discussion of the Court's legitimacy when it extends its discretion beyond the base of the actual constitutional language. Professor Ely misses the mark, however, in his argument that certain open-ended constitutional …