The first theme can be found in many works of constitutional theory-the construction of a strong opposition between the supposedly debased behavior of elected representatives and the supposedly more elevated behavior ofjudges. The second theme emerges from Professor Eisgruber's distinction between comprehensive rights, which call for "an assessment of an entire system of social interaction," and discrete rights that "prescribe specific forms of government actions."'
"A Goldilocks Account of Judicial Review?,"
University of San Francisco Law Review: Vol. 37:
1, Article 5.
Available at: https://repository.usfca.edu/usflawreview/vol37/iss1/5