Contributions by ‘Jason Mazzone’

Political Trust, Social Trust, and Judicial Review

Jason Mazzone[1] Introduction The fortieth anniversary of John Hart Ely’s influential book, Democracy and Distrust: A Theory of Judicial Review, is a good occasion to focus less on democracy and more on distrust. Ely famously sets forth a process-based approach to judicial review, one he describes as “participation-oriented, representation-reinforcing.”[2] Under Ely’s approach, majorities are generally…

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settled versus right: A Theory of precedent. By Randy J. Kozel.[1] Cambridge University Press. 2017. PP. x + 180. $99.99 (hardcover), $34.99 (paper). Jason Mazzone[2] Not all precedent is equal. Some precedents are given more weight, are harder to overturn, than are others. Super-precedents,[3] even super-duper-precedents,[4] have special status.[5] Legal academics consider them canonized;[6] judges…

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Me The People

Our Republican Constitution: Securing the Liberty and Sovereignty of We the People. By Randy E. Barnett.[1] New York: HarperCollins Publishers. 2016. Pp. xiv + 283. $26.99 (cloth). Jason Mazzone[2] Introduction Randy Barnett begins Our Republican Constitution[3] with a story of “triumph and tragedy”[4] in the Supreme Court case of NFIB v. Sebelius.[5] The triumph: five…

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