Majoritarian Constitutional Review - Controversy Squared Running Through US Constitutional History?

Abstract

This paper deals with the works of the most important US scholars sharing the concept of majoritarian constitutional review. This notion denotes a model with constitutional review failing to act against a consolidated democratic majority.

Consequently, constitutional review is not fulfilling the role designed by traditional constitutional theory. The goal of this paper is to contribute to better understanding of this concept between Czech legal scholars and professionals.

Keywords

• Majoritarian Constitutional Review
• Supreme Court of the United States
• Robert Dahl
• Gerald Rosenberg
• Barry Friedman