Caroline
FREDRICKSON

SCIENTIFIC PROJECT

Goldilock’s Dilemma: how to ensure the proper role of the judiciary in a democracy? Judicial review in France and the United States — too weak in one case, too strong in the other.

As the United States and French legal systems converge in their approaches to judicial review, it is important to analyze how a more powerful court system fits in a democratic system. Both countries are wrestling with the dangers of courts that are either too strong or too weak — but also face a danger of going too far in damaging democratic accountability if they empower unelected judges too much or enable legislative or executive impunity. This project will compare the United States court system, including its use of judicial review, to the French system to fill a large gap in the scholarly literature, help jurists and policymakers in each country consider reforms, and contribute to the global literature on safeguarding rule of law and democracy in an age of “illiberal democracy.” 

BIOGRAPHY

Caroline Fredrickson has taught at Georgetown Law Center, as a visiting professor at Sciences Po, Lyon and at Catholic University of Lyon. She is the author of four books, most recently La Cour Suprême Le Pouvoir Suprême, and is an elected member of the American Law Institute and served on President Biden’s White House Commission on the Supreme Court of the United States.