NEITHER PURSE NOR SWORD: LESSONS EUROPE CAN LEARN FROM AMERICAN COURTS' STRUGGLE FOR DEMOCRATIC LEGITIMACY.

The article proposes that the increasing stakes in judicial selection and the animosity surrounding judicial review is not unique in the American system, but it is inextricably linked to the notion of a constitutional democracy. It suggests that European countries should take note that the American experience has served as a preview of the future, showing that no liberal democracy can avoid the counter-majoritarian problem if the courts balance majority rule with minority rights. It also examines the civil law and common law legal traditions and the distinctions on the judiciary's role to provide a basic framework through which to view historical trends.