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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 countermajoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of majority.

Judicial Review and Contemporary Democratic Theory 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...