Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism (Law and Philosophy Library)

Author: Bernardo Goncalves Fernandes Thomas Bustamante
Publisher: Springer
Category: Philosophy, Social & Political Philosophy, Political Science & Theory, Jurisprudence, Jurisprudence & Philosophy Of Law, International Law, Constitutional & Administrative Law
Book Format: Hardcover

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.

Table Of Contents
I Challenging and Defending Judicial

Review.- 1. Randomized Judicial Review; Andrei Marmor.- 2. On the Difficulty to

Ground the Authority of Constitutional Courts: Can Strong Judicial Review be

Morally Justified?; Thomas Bustamante.- 3. The Reasons without Vote: The

Representative and Majoritarian Function of Constitutional Courts; Luis Roberto

Barroso.- II Constitutional Dialogues and Constitutional Deliberation.- 4.

Decoupling Judicial Review From Judicial Supremacy; Stephen Gardbaum.- 5. Scope

and limits of dialogic constitutionalism; Roberto Gargarella.- 6. A Defence of

a Broader Sense of Constitutional Dialogues based on Jeremy Waldron's Criticism

on Judicial Review; Bernardo Goncalves Fernandes.- III Institutional Alternatives

for Constitutional Changes.- 7. New Institutional Mechanisms for Making Constitutional

Law; Mark Tushnet.- 8. Democratic Constitutional Change: Assessing

Institutional Possibilities; Christopher Zurn.- 9. The Unconstitutionality of

Constitutional Changes in Colombia: a Tension between Majoritatian and

Constitutional Democracy; Gonzalo Ramirez Cleves.- IV Constitutional Promises

and Democratic Participation.- 10. Is there such thing as a radical constitution?;

Vera Karam de Chueiri.- 11. Judicial reference to community values - A pointer

towards constitutional juries?; Eric Ghosh.- V Legal Theory and Constitutional

Interpretation.- 12. Common Law Constitutionalism and the Written Constitution;

Wil Waluchow and Katharina Stevens.- 13. On how law is not like chess - Dworkin

and the theory of conceptual types; Ronaldo Porto Macedo Junior.

(BK-9783319283692)

SKU BK-9783319283692
Barcode # 9783319283692
Brand Springer
Artist / Author Bernardo Goncalves Fernandes Thomas Bustamante
Shipping Weight 0.6600kg
Shipping Width 0.156m
Shipping Height 0.021m
Shipping Length 0.234m
Assembled Length 23.400m
Assembled Height 2.100m
Assembled Width 15.600m
Type Hardcover

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