key term - Bickel

Definition

Alexander Bickel was a prominent constitutional scholar who greatly influenced the understanding of judicial review and the role of the judiciary in American democracy. His work emphasized the "countermajoritarian difficulty" as a central problem of constitutional governance, arguing that judicial review places a non-elected judiciary in a position to overturn the decisions of democratically elected legislatures.

Related terms

Judicial review: The power of courts to assess whether a law is in compliance with the constitution.

Countermajoritarian difficulty: A term coined by Bickel referring to the tension that arises from an unelected judiciary having the power to overturn laws created by elected representatives.

Constitutional governance: A system of government guided by a constitution that outlines the structure, powers, and limits of different government entities