Constitutional Courts and Deliberative Democracy (Oxford Constitutional Theory)
Conrado Hubner Mendes
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Description for Constitutional Courts and Deliberative Democracy (Oxford Constitutional Theory)
Paperback. It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design. Series: Oxford Constitutional Theory. Num Pages: 272 pages. BIC Classification: JPHC; LNDM; LNDP. Category: (G) General (US: Trade). Dimension: 235 x 158 x 13. Weight in Grams: 402.
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 ... Read more
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 ... Read more
Product Details
Publisher
Oxford University Press
Format
Paperback
Publication date
2015
Series
Oxford Constitutional Theory
Condition
New
Weight
413g
Number of Pages
260
Place of Publication
Oxford, United Kingdom
ISBN
9780198759454
SKU
V9780198759454
Shipping Time
Usually ships in 4 to 8 working days
Ref
99-6
About Conrado Hubner Mendes
Conrado Hubner Mendes is Professor-Doctor of Constitutional Law at the University of Sao Paulo (USP). He holds a PhD in legal theory at the University of Edinburgh and a PhD in political science at the University of Sao Paulo (USP).
Reviews for Constitutional Courts and Deliberative Democracy (Oxford Constitutional Theory)
Constitutional Courts and Deliberative Democracy is an inestimable contribution to explain what a 'forum of principle' or a 'dialogue' between powers entail and to provide a critical account of the ethical virtues, the facilitators, the legal constraints, and the political circumstances of judicial deliberation.
Thomas Bustamante , Modern Law Review
Overall, the monograph provides a welcome ... Read more
Thomas Bustamante , Modern Law Review
Overall, the monograph provides a welcome ... Read more