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Deliberative Democracy and the Institutions of Judicial Review (Hardcover)
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Deliberative Democracy and the Institutions of Judicial Review (Hardcover)
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In this book, Christopher F. Zurn shows why a normative theory of
deliberative democratic constitutionalism yields the best
understanding of the legitimacy of constitutional review. He
further argues that this function should be institutionalized in a
complex, multi-location structure including not only independent
constitutional courts but also legislative and executive
self-review that would enable interbranch constitutional dialogue
and constitutional amendment through deliberative civic
constitutional forums. Drawing on sustained critical analyses of
diverse pluralist and deliberative democratic arguments concerning
the legitimacy of judicial review, Zurn concludes that
constitutional review is necessary to ensure the procedural
requirements for legitimate democratic self-rule through
deliberative cooperation. Claiming that pure normative theory is
not sufficient to settle issues of institutional design, Zurn draws
on empirical and comparative research to propose reformed
institutions of constitutional review that encourage the
development of fundamental law as an ongoing project of democratic
deliberation and decision.
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