Does judicial review undermine democracy?

Answer 1

Judicial review does not undermine democracy because it is a check and balance mechanism for the three departments of the government. The Judiciary can look into the activities of the President and the Congress. Thus, democracy is even institutionalized by judicial review.

Answer 2

When it's done wrongly, yes. When it's done correctly, no.

Try to find a copy of John Hart Ely's "Democracy and Distrust." In chapter 1 of that book, he explains why it is the case that, if done correctly, judicial review fulfills democracy. In chapter 3, he explains why it is the case that, if done wrongly, judicial review contradicts democracy. Chapters 1 and 3 are outstanding!! (The rest of the book is a problem, though.)

Answer 3

A choose does not call balls & strikes. the way our criminal gadget works ends up in rulings that are narrowly adapted to respond to the specific question posed. Everytime a marginally new subject comes alongside the choose could seem at present regulation and are available to a decision a thank you to prepare it to this new difficulty. each and every so often they improve a regulation, each and every so often they shrink the utility, each and every so often they overturn a regulation. Judicial assessment is the inspiration of straight forward regulation. it is not basically mandatory, it extremely is mandatory.

Answer 4

I agree with CB. It's a necessary check to the Congress and the President, but in the wrong hands it's definitely a hindrance to procedural democracy.

Answer 5

Only when activist judges are the ones doing the reviewing.

Answer 6

absolutely. as does legislation from the bench.