Political Foundations of Judicial Supremacy BY KEITH WHITTINGTON NEW JERSEY: PRINCETON UNIVERSITY PRESS, 2007. pp. 296. $49.00
INTRODUCTION
I. THE POLITICAL UTILITY OF COURTS
II. THE GROWTH OF JUDICIAL SUPREMACY
III. THE PEOPLE'S COURT?
CONCLUSION
INTRODUCTION
Judicial supremacy is the new judicial review. From the time Alexander Bickel introduced the term "countermajoritarian difficulty" in 1962 (1) until very recently, justifying judicial authority to strike down legislation in a nation committed to democratic self-government was the central problem of constitutional theory. But many who had satisfied themselves as to the legitimacy of judicial ...