Book

Constitutional Courts and Deliberative Democracy

Conrado Hübner Mendes

Published in print December 2013 | ISBN: 9780199670451
Published online April 2014 | e-ISBN: 9780191749636 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199670451.001.0001

Series: Oxford Constitutional Theory

Constitutional Courts and Deliberative Democracy

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a ‘government of the people, by the people and for the people’ is usually expressed through elections and electoral representation in parliaments. Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged ‘democratic deficit’ behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced. This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.

Keywords: democracies; elections; electoral representation; judicial review; democratic deficit; courts; deliberation; deliberative theory

Book.  272 pages. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »


Table of Contents

Introduction in Constitutional Courts and Deliberative Democracy

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Political Deliberation and Collective Decision-making in Constitutional Courts and Deliberative Democracy

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Political Deliberation and Legal Decision-making in Constitutional Courts and Deliberative Democracy

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Political Deliberation and Constitutional Review in Constitutional Courts and Deliberative Democracy

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Deliberative Performance of Constitutional Courts in Constitutional Courts and Deliberative Democracy

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

The Ethics of Political Deliberation in Constitutional Courts and Deliberative Democracy

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

The Legal Backdrop of Constitutional Scrutiny in Constitutional Courts and Deliberative Democracy

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Concluding Remarks in Constitutional Courts and Deliberative Democracy

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.