Upper-level reading group- From Ely to Dixon: Navigating the Democratic Dilemmas of Judicial Review

The purpose of this reading group is to explore the contemporary discourse surrounding the role of courts in enforcing democracy. The longstanding debate over the legitimacy of judicial review often falls short of addressing the current challenges courts face in balancing their responsibility to protect democracy with the risk of undermining and encroaching on the democratic process through adjudication. The traditional procedural and substantive divide between political constitutionalists and constitutional legal scholars proves limited in determining both what courts should do as enforcers of democracy and how they should fulfill that role. This connects to questions about reasoning and remedies, as well as broader themes concerning institutional capacity, tone, and voice.

Together, we will explore these relevant issues through the lens of the seminal work by John Hart Ely Democracy and Distrust, and Rosalind Dixon's path-breaking book Responsive Judicial Review.

If you are interested, please register before January 23 at the following link: https://nyu.qualtrics.com/jfe/form/SV_3PfgCG98zS8QUMS

Meeting Schedule:

Wednesdays, 7:00-8:30 p.m.
Location: TBD
Meeting Dates: 2/18, 3/4, 3/11, 4/1