Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism (1st ed. 2016) (Law and Philosophy Library #113)

Synopsis

This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

Copyright:

2016

Book Details

Book Quality:

Publisher Quality

ISBN-13:

9783319283715

Related ISBNs:

9783319283692

Publisher:

Springer International Publishing

Date of Addition:

09/15/19

Copyrighted By:

Springer International Publishing, Cham

Adult content:

No

Language:

English

Has Image Descriptions:

No

Categories:

History, Nonfiction, Reference, Law, Legal Issues and Ethics, Philosophy, Politics and Government

Submitted By:

Bookshare Staff

Usage Restrictions:

This is a copyrighted book.

Edited by:

Thomas Bustamante

Edited by:

Bernardo Gonçalves Fernandes