eBook

Brennan and democracy

Frank I. Michelman

2001,2005,1999

Overview

In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of \"constitutional democracy,\" a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model \"activist\" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government.

• Publisher: Princeton University Press
• Subject: Affirmative action / Americans / Attempt / Basic law / BIOGRAPHY & AUTOBIOGRAPHY / BIOGRAPHY & AUTOBIOGRAPHY / Lawyers & Judges / Bivens v. Six Unknown Named Agents / Brennan, William J. (William Joseph), 1906 / Brennan, William J. (William Joseph), 1906-1997 / Brown v. Board of Education / Civil libertarianism / Communitarianism / Consideration / Constitutional law / Constitutional law -- United States / Constitutional patriotism / Constitutional theory / Constitutionalism / Constitutionality / Conventionalism / Counter-majoritarian difficulty / Democratic liberalism / Disparagement / Due process / Due Process Clause / Eisenstadt v. Baird / Equal opportunity / Equal Protection Clause / Equal Rights Amendment / Finality (law) / Freedom of speech / Frisby v. Schultz / Goldberg v. Kelly / Griswold v. Connecticut / History / Hustler Magazine v. Falwell / Impossibility / Individualism / Institution / John Rawls / Judicial activism / Judicial deference / Judicial independence / Judicial interpretation / Judiciary / Jurisprudence / LAW / LAW / Constitutional / LAW / Jurisprudence / Lawmaking / Lawyers & Judges / Legitimacy (political) / Liberal democracy / Liberal legalism / Liberalism / Malloy v. Hogan / Multiculturalism / Multitude / Obscenity / Ordinary law / Plessy v. Ferguson / Political correctness / Political freedom / Political philosophy / Politics / Precedent / Presumption / Public sphere / Racism / Ratification / Rational basis review / Reasonable person / Right to silence / Ronald Dworkin / Roth v. United States / Rule of law / Sanford Levinson / Standing (law) / Substantive due process / Suppression of dissent / Term limit / United States
• ISBN: 9780691122496, 9781400823369, 1400805376, 1400823366, 9781400805372, 0691122490, 0691007152, 9780691007151