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Democratizing Constitutional Law - Perspectives on Legal Theory and the Legitimacy of Constitutionalism (Hardcover, 1st ed. 2016)
Loot Price: R4,384
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Democratizing Constitutional Law - Perspectives on Legal Theory and the Legitimacy of Constitutionalism (Hardcover, 1st ed. 2016)
Series: Law and Philosophy Library, 113
Expected to ship within 12 - 17 working days
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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.
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