Brennan and Democracy

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The book delves into the complexities of constitutional democracy, highlighting the tension between democratic governance and judicial authority. Frank Michelman examines how pivotal social issues like affirmative action and abortion rights are often determined by unelected judges rather than through legislative processes. By analyzing the judicial career of Supreme Court Justice William Brennan, an exemplar of judicial activism, Michelman explores the potential for harmonizing democratic values with constitutional principles and the rule of law.