Justice Breyer's Democratic Pragmatism

  title={Justice Breyer's Democratic Pragmatism},
  author={Cass Robert Sunstein},
  journal={Yale Law Journal},
There have been many efforts to reconcile judicial review with democratic self-government. Some such efforts attempt to justify judicial review if and to the extent that it promotes self-rule. "Active Liberty," by Justice Stephen Breyer, is in this tradition; but it is also marked by a heavy pragmatic orientation, emphasizing as it does the need for close attention to purposes and to the importance of consequences to legal interpretation. Its distinctiveness lies in its effort to forge close… 
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