Judicial Independence and the American Constitution - by Martin H Redish (Hardcover)
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<p/><br></br><p><b> Book Synopsis </b></p></br></br><p>The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government.</p> <p>This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. <i>Judicial Independence and the American Constitution</i> provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.</p><p/><br></br><p><b> Review Quotes </b></p></br></br><br>This book cements Martin Redish's standing as the foremost scholar and theorist of American judicial independence. The book defines the requirements of judicial independence in light of a broader theory of American constitutionalism and its commitment to 'countermajoritarian' individual rights. It offers a tour de force of learning, close argumentation, legal imagination, and--as one has learned to expect from Redish--occasional provocation to rethink conventional wisdom.--Richard H. Fallon "Harvard University"<br><br>Unyielding and provocative, <i>Judicial Independence and the American Constitution</i> is a special kind of book. Redish's rigid approach to constitutional analysis challenges accepted wisdom and forces the mainstream to reconsider its assumptions. Ignore Redish at your peril. This well-written and surprisingly accessible book is sure to be oft-cited for decades.--Charles Geyh, Maurer School of Law "Indiana University"<br><p/><br></br><p><b> About the Author </b></p></br></br><b>Martin H. Redish</b> is the Louis and Harriet Ancel Professor of Law and Public Policy at the Northwestern University Pritzker School of Law. He is the author of <i>The Adversary First Amendment</i> (2013), <i>Wholesale Justice</i> (2009) and <i>The Logic of Persecution</i> (2005), all with Stanford University Press.
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