Democracy and Distrust

A Theory of Judicial Review

Recommended by Chibli Mallat, and 1 others. See all reviews

Ranked #28 in Constitutional Law

This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?

Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing,...

Reviews and Recommendations

We've comprehensively compiled reviews of Democracy and Distrust from the world's leading experts.

Chibli Mallat Of the immense legal literature on US democracy and the role of the American Supreme Court, this is the one book that has most profoundly affected my understanding of the rule of law, and of the role of the judges in compensating for the failures of democracy. Since reading this I have remained under the spell of the unique quality of constitutional writing in America, especially by my colleagues at Yale like Owen Fiss, Paul Kahn, Jed Rubenfeld, and Bruce Ackerman. I put them in the ‘maverick’ category because they cast a unique light on an otherwise opaque system of government in the US. The... (Source)

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