Political Constitutionalism
Political Constitutionalism Judicial review by constitutional courts is often presented as a necessary supplement to democracy. Drawing on the republican tradition, Richard Bellamy argues that the…
Specifikacia Political Constitutionalism
Political Constitutionalism
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. This book questions its effectiveness and legitimacy.
Rights based judicial review undermines the constitutionality of democracy. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate.
Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Political Constitutionalism
Constitutionalism
Constitutionalism
Hybrid Constitutionalism
Common Good Constitutionalism
Political Classroom