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their comments on an earlier draft of this paper
I. PHILOSOPHICAL BACKGROUND
II. THE PROCEDURAL CONCEPTION OF DEMOCRACY AND ITS LIMITS
III. THE CONTRACTARIAN JUSTIFICATION OF DEMOCRACY
IV. THE DEMOCRATIC JUSTIFICATION OF
JUDICIAL REVIEW
American Political Science Review 63 (1969): 40-53. Rae contends that in a con-
V. THE TRADITIONAL ARGUMENT FOR
VI. THE CIRCUMSTANCES OF JUDICIAL REVIEW
VII. THE EFFECT OF JUDICIAL ON SELF-RESPECT,
STABILITY, AND PUBLIC JUSTIFICATION
29 Frank Michelman, 'In Pursuit of Constitutional Welfare Rights: One View of
VIII. CONCLUSION
31 Here I agree with Ronald Dworkin's arguments against Ely in A Matter of
Choices (Cambridge, Mass: Harvard
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Freeman Constitutional Democracy

Freeman Constitutional Democracy

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10/19/2013

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