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Democracy & Distrust - A Theory of Judicial Review


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Table of Contents

1. The Allure of Interpretivism 2. The Impossibility of a Clause-Bound Interpretivism 3. Discovering Fundamental Values 4. Policing the Process of Representation: The Court as Referee 5. Clearing the Channels of Political Change 6. Facilitating the Representation of Minorities Conclusion Notes Index

About the Author

John Hart Ely was Robert E. Paradise Professor of Law, Stanford Law School.


The single most important contribution to the American theory of judicial review written in this century. -- Henry P. Monaghan Columbia Law School Democracy and Distrust will have a wide influence for a long time...Ely writes simply and engaginly with a sense of humor. Yet the reader had better keep his wits about him lest he miss the subtleties. Much of the charm is in the author's candor in facing hard questions. Much of it lies in his good common sense. -- Archibald Cox Harvard Law Review Wry, witty, and endowed with both dignity and informality. Would that more lawyers (including judges) could write half so well. -- Telford Taylor New York Times Book Review This is the most important book about law in at least fifteen years. It is a great book...In developing his new and exciting theory, Ely spins off important insights like sparks from a generator. -- Daniel J. Kornstein New York Law Journal This is the rare book that lives up to its dust-cover raves. -- Andrew L. Kaufman Harvard Law School

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