"9 Lords Of The Universe": A Re-Examination of The Role of The Supreme Court of The United States as an Instrument of Judicial Review Within the Context of a Democratic Framework

Abstract

The question to which this paper addresses itself is summarised as follows: In the context of the political and legal system of the United States of American, is the principle of "judicial review" as it is understood there, anti-democratic? It is submitted that this issue is particularly relevant at present, given the ubiquitous nature of the "street-style" debate raging in the United States about whether the various governments within that country should be able to legislate to outlaw abortion. Yet again it has fallen to the 9 Judges of the United States Supreme Court, to determine an issue which threatens to render asunder the very fabric of American society. In a country so concerned about the individual's "rights", and which has for over 200 years held itself out as the shining beacon of democracy the question posed above is a poignant one. In proposing an answer, it is necessary to begin by considering the present scope and limits of the principles of "democracy" and "judicial review", as those terms are understood in the United States.