Pros and Cons About Judicial Review

Charlotte Samuels American Government

Is Judicial Review Consistent with Democratic Ideals? Yes, it is democratic •

•

•

•

Judges can protect people’s constitutional rights based on their interpretation of the Constitution. Supreme Court judges do not need to compromise their positions because they are not elected. They are also not no t worried with raising money for re-election (i.e. they are not  beholden to special interests) Less tyranny of the majority because of the distance between the people and the judges The Supreme Court acts as a check on Congress and the executive branch. It prevents  both from perverting the Constitution

 No, it is not democratic •

Judicial review is based on a small majority of people

•

The process is very subjective

•

The Supreme Court judges are not elected, nor are they accountable

•

The Supreme Court judges are appointed for life

•

Judges can overturn propositions which have been chosen by the people. They can also overturn laws by elected officials

(The answer: yes or no, depending on your view of democracy)