Synopsis
A theory of judicial review arguing courts should protect democratic process and minorities rather than impose substantive values of their own.
Core passage idea
Paraphrase · Modern copyrighted workJudges legitimately intervene not to dictate outcomes but to keep the channels of political change open and prevent the majority from shutting out minorities.
It reframes judicial review as reinforcing democracy rather than overriding it, easing the tension between unelected courts and popular rule.
To avoid a bubble
Pair with Law's Empire.
Reading note
Read it as a direct response to debates over the Warren Court, tracking how Ely separates process from substance.
Best paired with
Law's Empire