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Bibliographic Detail
Publisher
Oxford Univ Pr
Publication date
December 1, 2015
Pages
272
Binding
Paperback
Book category
Adult Non-Fiction
ISBN-13
9780198759454
ISBN-10
0198759452
Published in
Great Britain
Original list price
$42.50
Other format details
university press
Amazon.com says people who bought this book also bought:
The Oxford Handbook of Comparative Constitutional Law
The Oxford Handbook of Comparative Constitutional Law
Summaries and Reviews
Amazon.com description: Product Description: 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 favor 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.
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 favor 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.
Editions
Hardcover
from Oxford Univ Pr (February 19, 2014)
9780199670451 | details & prices | 249 pages | 6.00 × 9.00 × 0.75 in. | 1.25 lbs | List price $90.00
Paperback
The price comparison is for this edition
from Oxford Univ Pr (December 1, 2015)
9780198759454 | details & prices | 272 pages | List price $42.50
About: Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts.
About: Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts.
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