Bork and the Legislative Supremacy Model

Bork and the Legislative Supremacy Model - Bork and the...

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Bork and the Legislative Supremacy Model Key Value? -Public Accountability Is Judicial Review Democratic? -In Narrow circumstances Proper Uses of Judicial Review? -Strike down laws that violate rights clearly delineated in the constitution (Judicial Restraint) -When in doubt, let the elected branches fight it out Peretti and the New Process Model Key Value? -Tolerance of minority rights Is Judicial Review Democratic? -ALWAYS Proper Use of Judicial Review? -Actively make policy -Judicial activism in the context of an ongoing dialogue among diversely representative branches of government Sunstein and the Court Supervision Model Key Value? -Both public accountability and tolerance/preservation of minority rights via deliberation Is Judicial Review Democratic? -ALWAYS Proper Use of Judicial Review? -Supervise deliberation by elected branches -Places elected officials behind a “veil of ignorance” and thereby encourages broader deliberation
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Sunstein’s Argument-Putting the Pieces Together Inputs
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