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Abstract

The Court's role in the United States as the ultimate protector of constitutional rights did not begin in earnest until after the recognition of the power of judicial review and until after the application of the Bill of Rights to the States. And even then, the Court took a long time finally to live up to its assigned role. In a genuine constitutional democracy, courts play a special role. Based on a good faith belief of what the Constitution requires, courts can - and must - act in individual cases to protect individual rights. And is so doing, they not only vindicate the interests of the parties before them, but send an important signal about the values underlying the law.

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