Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy Book + PRICE WATCH * Amazon pricing is not included in price watch

Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy Book

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.Read More

from£27.66 | RRP: £17.99
* Excludes Voucher Code Discount Also available Used from £24.19
  • Blackwell

    Questions the effectiveness and legitimacy of rights-based judicial review by constitutional courts. Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and...

  • 052168367X
  • 9780521683678
  • Richard Bellamy
  • 13 September 2007
  • Cambridge University Press
  • Paperback (Book)
  • 280
  • 1
As an Amazon Associate we earn from qualifying purchases. If you click through any of the links below and make a purchase we may earn a small commission (at no extra cost to you). Click here to learn more.

Would you like your name to appear with the review?

We will post your book review within a day or so as long as it meets our guidelines and terms and conditions. All reviews submitted become the licensed property of www.find-book.co.uk as written in our terms and conditions. None of your personal details will be passed on to any other third party.

All form fields are required.