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countermajoritarian difficulty
The counter-majoritarian difficulty (sometimes ''counter-majoritarian dilemma'') is a perceived problem with judicial review of legislative (or popularly created) laws. As the term suggests, some oppose or see a problem with the judicial branch's ability to invalidate, overrule or countermand laws that reflect the will of the majority.
The counter-majoritarian difficulty is often raised in discussions of United States constitutional law; particularly in discussing the powers of the three branches of the Federal government of the United States.
==Origins==
Alexander Bickel, a law professor at Yale Law School, coined the term ''counter-majoritarian difficulty'' in his 1962 book, ''The Least Dangerous Branch''. He used the term to describe the argument that judicial review is illegitimate because it allows unelected judges to overrule the lawmaking of elected representatives, thus undermining the will of the majority. The problem stems from the understanding that a democracy's legitimacy arises from the fact that it implements the will of the majority (majoritarianism).
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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