Several of my critics argue as though the central purpose of Constitutional Self-Government were to defend an aggressive form of judicial review, in which all, or nearly all, moral issues are decided by judges. But that is not my goal. Instead, Constitutional Self-Government targets the common view that even if judges can protect rights or advance principles ofjustice better than can legislatures, judicial review is nevertheless at least problematic, and perhaps undesirable, because it is undemocratic.
EISGRUBER, Christopher L.
"Constitutional Self-Government and Judicial Review: A Reply to Five Critics,"
University of San Francisco Law Review: Vol. 37
, Article 7.
Available at: http://repository.usfca.edu/usflawreview/vol37/iss1/7