Democracy, Distrust, and Judicial Umpiring in the G-20 Nations

This article examines John Hart Ely's theory of judicial review set forth forty-one years ago in: Ely, Democracy and Distrust: A Theory Judicial Review (1980). In particular, it claim that is normatively desirable for courts to police the political processes change keep them open outsiders this in fact one thing Supreme Courts, or Constitutional do. I show U.S. Court has continued play umpiring role since 1980, although often ways Ely may not have approved of. then comparatively examine systems of: 1) United Kingdom; 2) Germany; 3) Japan; 4) South Africa; 5) Brazil; 6) Canada; 7) Australia, those countries Courts ubiquitously describes. helps prove process does raise a question but instead core function. essay forthcoming Commentary.