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legislators, citizens, and judges as guardians of rights
Which branch of government should be entrusted with safeguarding individual rights? Conventional wisdom assigns this responsibility to the courts, on the grounds that liberty can only be protected through judicial interpretation of bills of rights. In fact it is difficult for many people even to conceive of any other way that rights might be protected. John Dinan challenges this understanding by tracing and evaluating the different methods that have been used to protect rights in the United States from the founding until the present era. By analyzing the relative ability of legislators, citizens, and judges to serve as guardians of rights, Dinan's study demonstrates that each is capable of securing certain rights in certain situations.
The Theory and Design of Republican Institutions -- Republican Institutions and the Protection of Rights -- Republican Institutions as Keepers of the People's Liberties -- The Theory and Design of Populist Institutions -- Populist Institutions and the Protection of Rights -- Populist Institutions as Keepers of the People's Liberties -- The Theory and Design of Judicialist Institutions -- Judicialist Institutions and the Protection of Rights -- Judicialist Institutions as Keepers of the People's Liberties.
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Includes bibliographical references (pages 219-250) and index.
Lawrence, Kan. : University Press of Kansas, ©1998