He examines the role of the judiciary in safeguarding individual rights from "summary" of Democracy In America: Volume I & II by Alexis de Tocqueville
Tocqueville delves into the critical function of the judiciary in upholding the rights of individuals within a democratic society. He explores how the judicial branch serves as a bulwark against potential encroachments on personal freedoms by the majority. Through the interpretation and application of laws, the judiciary acts as a check on the power of the majority, ensuring that minority rights are protected. Moreover, Tocqueville highlights the judiciary's role in interpreting the Constitution and determining the constitutionality of laws passed by the legislature. By engaging in judicial review, the courts have the authority to strike down laws that violate the fundamental rights enshrined in the Constitution. This power serves as a safeguard against potential abuses of governmental authority, ensuring that individual liberties are not infringed upon. Additionally, Tocqueville emphasizes the ...
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