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Showing 1 to 1 of 1 for “"Countermajoritarian difficulty"”.
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Judicial activism in South Afica's Constitutional Court : minority protection or judicial illegitimacy?
… recognition of same-sex unions, it raised a ‘countermajoritarian difficulty.’ This ‘countermajoritarian difficulty’ has elicited intense scholarly debate.17 The study examines how the Court’s negation of majoritarian interests in order to protect minority rights affects its legitimacy.