ANTIDEMOCRATIC CHARACTER OF JUDICIAL REVIEW

• NCJ Number: 6932
• Journal: California Law Review Volume: 60 Issue: 4 Dated: (JUNE 1972) Pages: 1140-1150
• Author(s): G MACE
• Date Published: 1972
• Length: 11 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A REVIEW OF THE ARGUMENT THAT, SINCE JUDGES ARE NOT HELD ACCOUNTABLE THROUGH THE ELECTORAL PROCESS, THEIR BINDING LEGISLATIVE RULINGS ARE ANTITHETICAL TO DEMOCRACY.

Abstract

THE AUTHOR SUGGESTS THAT A GOOD DEMOCRATIC GOVERNMENT IS DIRECTED TO THE INTEREST OF THE WHOLE PEOPLE, AND, IN OUR GOOD DEMOCRATIC SYSTEM, THE AGENCY ULTIMATELY CHARGED WITH THE PROTECTION OF THAT INTEREST IS THE SUPREME COURT. RESISTANCE TO THE OTHER BRANCHES OF GOVERNMENT WHEN THEY ACT TYRANNICALLY, WHETHER BECAUSE THEY REFUSE TO REFLECT THE WILL OF THE MAJORITY OR BECAUSE THEY DO REFLECT THE WILL OF A TYANNICAL MAJORITY, IS THE CONSTITUTIONALLY IMPOSED DUTY OF THE JUDICIARY. SINCE TO RESIST A MAJORITY THE JUDICIARY MUST BE INDEPENDENT OF THAT MAJORITY, THE CHARACTER OF JUDICIAL REVIEW IS PROPERLY ANTIDEMOCRATIC. AUTHOR MODIFIED