Democratizing constitutional law : perspectives on legal theory and the legitimacy of constitutionalism.
- Switzerland; Springer International Publishing; 2016.
- xi, 328 p. : 24 cm.
Contents 1. Introduction Part I. Challenging and Defending Judicial Review Part II. Constitutional Dialogues and Constitutional Deliberation Part III. Institutional Alternatives for Constitutional Dialogues Based . Part IV. Constitutional Promises and Democratic Participation Part V. Legal Theory and Constitutionalism and the Written Constitution
One of the main arguments in support of Constitutional judicial review points to the need to curtail the legal and political power of majority rule instantiated by democratic legislative institutions. This article aims to challenge the counter majoritarian argument for judicial review by showing that there is very little difference,