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Lain, Corinna Barrett
University of Pennsylvania law review, 04/2004, Letnik: 152, Številka: 4Journal Article
When one thinks about judicial review, one tends to envision the Supreme Court as a "countermajoritarian hero," protector of minorities from tyrannical majority rule. It is hardly surprising, then, that as today's top constitutional scholars debate the merits of judicial review, its defenders have returned to the notion that the Court's involvement is necessary to protect minority rights. For some, the Supreme Court's role as countermajoritarian hero is theoretically appealing, but a nagging question remains: How much does the Court actually play it? Lain examines whether the Warren Court was truly deserving of its countermajoritarian image in its criminal procedure rulings.
