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Judicial Review and Democracy.  

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Alan Yu SID 14271043 Professor M. Feeley Legal Studies 182 Judicial Review and Democracy "However you look at it, judicial review is undemocratic. It permits as few as five appointed judges unanswerable to the electorate to void an act passed by both houses of the Congress and signed by the President. If democracy is to survive, courts must be kept in their place. Their assigned task is limited, specific, and narrow, to interpret the law and not make - or unmake - it, and certainly not to second guess the actions of the elected branches."1 The assertion in Professor Malcolm Feeley's quotation above is stated in the first line; "judicial review is undemocratic." The quotation is one answer to the complicated question of whether judicial review is democratic or undemocratic. The assertion made by Feeley's quotation is wrong. This paper will show that judicial review is democratic by explaining that judicial review is vital to U.S....

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