Counter-majoritarian difficulty

The counter-majoritarian difficulty (sometimes counter-majoritarian dilemma) is a perceived problem with judicial review of legislative (or popularly-created) laws. As the term suggests, some oppose or see a problem with the judicial branch's ability to invalidate, overrule, or countermand laws that reflect the will of the majority.

The counter-majoritarian difficulty is often raised in discussions of United States constitutional law, particularly to discuss the powers of the three branches of the federal government of the United States.