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What are the implications for judicial review on American democracy? Should any branch of government be able to review the actions and legislation of the others? Is this good for democracy or does it concentrate too much power in one branch?
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Judicial review of legislation is essential to protect the rights of minorities from the tyranny of the majority. Legislatures are composed of human beings, who may be swayed by the passions of the moment, or by catering to the prejudice of vocal groups of constituents. Judicial review is intended as a counterbalance to ill-considered legislation, and has proven it's worth in this regard repeatedly.
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