Judicial review and contemporary democratic theory: power, domination and the courts

For decades, the question of judicial review's status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labelled 'the counter-majoritarian difficulty.' That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of majority.

This book begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review's value within a democratic political system.