Answering the Dispersed Self and Nation: A Response to Jed Rubenfeld's Freedom and Time: A Theory of Constitutional Self Government
Why do nine Supreme Court justices have the power to overturn the choices of a majority in a democratic nation? This question, known as the counter-majoritarian problem, has driven constitutional theory for the past forty years. Likewise, it is the question at the heart of Jed Rubenfeld's Freed...
Published in: | Journal of law and religion |
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Main Author: | |
Format: | Electronic Article |
Language: | English |
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Published: |
Cambridge Univ. Press
2006
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In: |
Journal of law and religion
Year: 2006, Volume: 21, Issue: 2, Pages: 349-383 |
Online Access: |
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Summary: | Why do nine Supreme Court justices have the power to overturn the choices of a majority in a democratic nation? This question, known as the counter-majoritarian problem, has driven constitutional theory for the past forty years. Likewise, it is the question at the heart of Jed Rubenfeld's Freedom and Time, A Theory of Constitutional Self-Government. In responding to this question, Rubenfeld argues that freedom and democracy require temporal extension, precluding either freedom or democracy from being reduced to the immediately present majority will of a people. Therefore, Rubenfeld concludes that the checks on the immediate will of the people at the heart of constitutional judicial review are not only democratically permissible but a necessity. |
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ISSN: | 2163-3088 |
Contains: | Enthalten in: Journal of law and religion
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Persistent identifiers: | DOI: 10.1017/S0748081400005658 |