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The Sovereign People, Minority Rights And State Judiciaries : An Historical Study Of Tocqueville's Majoritarian Thesis, Erica Goodwin
The Sovereign People, Minority Rights And State Judiciaries : An Historical Study Of Tocqueville's Majoritarian Thesis, Erica Goodwin
Dissertations and Theses
In the decade of the 1830's, Alexis de Tocqueville published a perceptive analysis of America in the Jacksonian era, which focused upon the customs, manners and intellectual habits of its citizens, and their social condition as seen through its political institutions. He advanced the proposition--a paradox of democracy--that equality of condition was as compatible with tyranny as with freedom. The social consensus, which stemmed from the wide acceptance of doctrine of equality and common wants and interests, when brought to bear upon legislator and judge, public official, juryman, and the non-conforming individual, he termed the "tyranny of the majority."
Justice Brennan And The Bill Of Rights, David B. Brownhill
Justice Brennan And The Bill Of Rights, David B. Brownhill
Dissertations and Theses
The research problem examined in my thesis is stated clearly in the title: Justice Brennan and The Bill of Rights. In my examination, I relied primarily on Brennan's opinions, and secondarily, on scholarly commentaries authored by Brennan and others. I located the cases through a combination of sources. Initially, I consulted the Harvard Law Reviews' "Supreme Court Term, (1956-1981) Term(s)," which is published annually in its November edition, and then, I turned to the writings by, and about, Brennan my findings show that Brennan's approach in these cases has evolved over the years toward a more absolutist one.