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Courts and Democracy: The Production and Reproduction of Constitutional Conflict

Judith Resnik
Publication date: 
Mon, 14 May 2007

A brief foray into comparative and transnational law finds the debate about abortion in courts, legislatures, and intergovernmental bodies around the world. 

Instead of presuming that judicial review displaces or silences democratic processes, the interaction of Roe, Carhart, and the transnational exchanges make plain that the practices of democracies depend on dialogic interaction among the many groups within and across social orders. Legal generativity, from all sides of the political spectrum, is an artefact of adjudication in democratic polities.