In this book, first published in 2007, 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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