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Richard Bellamy, "Liberal Politics and the Judiciary: the Supreme Court and American Democracy", Res Publica III/1 (1997), 91-106: This article reviews the a number of different accounts of the practice of judicial review within the American Constitution. Michael Sandel and Cass Sunstein both offer a republican critique of the predominant liberal view of the Court as upholding a neutral framework of rights against possible majority tyranny. Robert McKeever lends some of their criticisms empirical support, noting how the Court itself has been if anything overly swayed by populist opinions. John Arthur, by contrast, defends the liberal position. The author concludes that whilst certain of the republican criticisms are overstated, particularly those of Sandel, we do require a more political account of the constitution that incorporates liberal principles into the very mechanisms of democracy rather than relying on the deus ex machina of judges. This approach offers more effective protection for rights and places them in a broader social context than the courts can. It also ensures decisions have the active support of those who must implement them. e-mail: r.p.bellamy@reading.ac.uk

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