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Lecture

Lect 3-Dworkin and Bickel.docx

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Department
Social Science
Course
SOSC 3360
Professor
Jonathan Rudin
Semester
Winter

Description
Dworkin and Bickel September3013431 PM Two more constitutional theoristAlexnader and BorkIdeas of judicial review their theories comes up regularly when making decisions in the Supreme court Whether judges can plagiarise Begin their articles by arguing against what they come to They dont believe what they start by saying Just cause they said it that doesnt mean they believe itAlecander Bickel The least dangerous brand describe as the US government as three branches oExecutive oCongrees oJudiciary The gentle branch the supreme court is less likely to push people into positions they are not comfortable with Dont have to worry about the Supreme Court Unlike the other two branches court cannot claim electoral legitimacy Judges in the Supreme Court are not elected They understand the limitation of their power It is important to understand judicial review and its legitimacy oProblems with Judicary review Issue of democracy they are not elected and that gives them less legitimacy than those who are elected One can question the extent to which democray is represented In Canada we have a representative democracy but Federally they have majority in seats in house of commons but they only got 40 of the vote last time power even though dont have majority votes Democracy in the States is really a series of faction groups of people who all work together or not A representative a series of minority group in electoral sense No one elected a judge to sit on the Supreme Court Sometimes judicial review is justified because many people make important decisions who arnt elected as well A lot of government is delicate to people Judges are not accountable to anyone but themselves Supreme court is independent Because decisions are made by legislatures they make better decisions Legislatures are sound because they respond to real needs to the people Problem judicial review weakens democracy it weakens the process Suggest that we should be afraid of government Applies a form of distrust to the legislature
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