Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure ...
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Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
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Add this copy of Political Constitutionalism; a Republican Defence of to cart. $20.00, good condition, Sold by DogStar Books rated 4.0 out of 5 stars, ships from Lancaster, PA, UNITED STATES, published 2007 by Cambridge University Press.
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Good+ 9780521683678. Large 8vo 9"-10" tall; 282 pages; 2007 Cambridge University Press. Trade size paperback in glossy pictorial covers. Snugly bound copy has pencil underlining and marginalia, limited to Chapter 1 of the 6 chapters. Solid copy. G+ thus.
Add this copy of Political Constitutionalism: a Republican Defence of to cart. $63.38, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Santa Clarita, CA, UNITED STATES, published 2007 by Cambridge University Press.
