Political constitutionalism : a republican defence of the constitutionality of democracy / Richard Bellamy.

Format:

Book

Author/Creator:

Bellamy, Richard (Richard Paul), author.

Language:

English

Subjects (All):

Representative government and representation.

Judicial review.

Democracy.

Constitutional law--Philosophy.

Constitutional law.

Physical Description:

1 online resource (x, 270 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2007.

Language Note:

English

Summary:

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.

Contents:

Introduction: legal and political constitutionalism

pt. I. Legal constitutionalism. Constitutional rights and the limits of judicial review ; The rule of law and the rule of persons ; Constitutionalism and democracy

pt. II. 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.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-17858-4

9786611146146

0-511-36693-0

1-281-14614-5

1-139-13211-3

0-511-36630-2

0-511-36567-5

0-511-49018-6

0-511-36752-X

OCLC:

666905177