Bills of Rights in the Common Law

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The book explores the tension between judicial authority and democratic legitimacy, positing that judges often limit their exercise of power to maintain an appearance of democratic fairness. It argues that this restraint can lead to the erosion of individual rights, as the judiciary prioritizes its legitimacy over full protection of those rights. Through this analysis, the author critiques the balance between judicial responsibility and the imperative to uphold personal freedoms in a democratic society.