"Dahl's theory leads to a way of reconciling a limited form of judicial guardianship with democracy, but it rejects any broad form of judicial policymaking. In this respect, Dahl's political theory provides a foundation for a theory of judicial review similar to that found in John Hart Ely's Democracy and Distrust, a work which Dahl himself cites. Judicial review is justified when it is properly used to maintain the democratic process; it is not justified as a substitute for a democratic policymaking process. Thus, giving the judiciary the authority to strike down laws that violate rights of free speech or free assembly does not necessarily contravene the democratic ideal. However, permitting unelected judges to make substantive policy decisions under the guise of constitutional or statutory interpretation clearly raises serious problems for democratic theory."
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Cary Coglianese, A review of Robert A. Dahl's Democracy and Its Critics, Faculty Scholarship (1990)
https://en.wikiquote.org/wiki/Democracy_and_Its_Critics
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Democracy and Its Critics
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