In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not on deficiencies in the political process, as commentators like Professor Ely have suggested, but rather on a disagreement with the substantive results that the political process yields.
Sandalow, Terrance. "The Distrust of Politics." N. Y. U. L. Rev. 56 (1981): 446-68.