Democratizing Constitutional Law - Perspectives on Legal Theory and the Legitimacy of Constitutionalism (Paperback, Softcover reprint of the original 1st ed. 2016)

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.

General

Imprint:	Springer International Publishing AG
Country of origin:	Switzerland
Series:	Law and Philosophy Library, 113
Release date:	April 2018
First published:	2016
Editors:	Thomas Bustamante • Bernardo Goncalves Fernandes
Dimensions:	235 x 155 x 18mm (L x W x T)
Format:	Paperback
Pages:	328
Edition:	Softcover reprint of the original 1st ed. 2016
ISBN-13:	978-3-319-80337-1
Categories:	Books > Social sciences > Politics & government > Political science & theory Books > Law > Jurisprudence & general issues > General Books > Law > International law > General Books > Reference & Interdisciplinary > Encyclopaedias & reference works > Reference works > General Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General Books > Philosophy > Topics in philosophy > Social & political philosophy
LSN:	3-319-80337-9
Barcode:	9783319803371

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