Abstract

Despite its author's lip service to such traditional principles of liberal constitutionalism as the rule of law and separation of powers, the system of "juridical democracy" advocated by Theodore Lowi in his influential book The End of Liberalism actually represents a considerable departure from the intentions of the American founders. Its true ancestry lies rather in the political science of Woodrow Wilson, who sought to subordinate apolitically "neutral "civil service to the majority "will, "as articulated and shaped by rival "opinion leaders. "A serious doubt must be raised as to whether Lowi's system provides adequate security for individual liberty, or for the rights of the citizenry as a whole. In fact, as Tocqueville's argument suggests, the sort of citizen "access" to the administrative process that Lowi denounces may be essential to the preservation of free government.

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