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Political Constitutionalism A Republican Defence of the Constitutionality of Democracy

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ISBN-10: 0521865107

ISBN-13: 9780521865104

Edition: 2007

Authors: Richard Bellamy

List price: $113.00
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Description:

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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Book details

List price: $113.00
Copyright year: 2007
Publisher: Cambridge University Press
Publication date: 9/13/2007
Binding: Hardcover
Pages: 282
Size: 6.25" wide x 9.00" long x 0.75" tall
Weight: 1.232
Language: English

Preface and acknowledgements
Introduction: legal and political constitutionalism
Legal constitutionalism
Constitutional rights and the limits of judicial review
The rule of law and the rule of persons
Constitutionalism and democracy
Political constitutionalism
The norms of political constitutionalism: non-domination and political equality
The forms of political constitutionalism: public reason and the balance of power
Bringing together norms and forms: the democratic constitution
Conclusion
Index