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The Least Dangerous Branch
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September 1986
306 p., 5 1/2 x 8 1/4
ISBN: 9780300032994
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Paper: $26.00 tx
- Related Categories
- Law
Political Science
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The Least Dangerous BranchThe Supreme Court at the Bar of Politics
- Alexander M. Bickel; With a new Foreword by Harry Wellington
"Alexander Bickel attempted to resolve the central problem of constitutional law: Our political ethos is majoritarian, but the court, possessing the power to nullify laws democratically enacted, is countermajoritarian. The problem becomes acute when the court imposes principles not to be found in the Constitution. Mr. Bickel justified that role by saying that courts should apply principles drawn from the 'evolving morality of our tradition.' Written gracefully and offering many insights into constitutional doctrines, this book is the most intellectually honest, if unsuccessful, defense of non-originalism of which I am aware."—Robert Bork, Wall Street Journal
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