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Democratizing constitutional law[electronic resource] :perspectives on legal theory and the legitimacy of constitutionalism /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
杜威分類號:	342.001
書名/作者:	Democratizing constitutional law : perspectives on legal theory and the legitimacy of constitutionalism // edited by Thomas Bustamante, Bernardo Goncalves Fernandes.
其他作者:	Bustamante, Thomas.
出版者:	Cham : : Springer International Publishing :, 2016.
面頁冊數:	xi, 328 p. : : digital ;; 24 cm.
Contained By:	Springer eBooks
標題:	Constitutional law.
標題:	Democracy.
標題:	Judicial review.
標題:	Law.
標題:	Theories of Law, Philosophy of Law, Legal History.
標題:	Political Philosophy.
標題:	Political Theory.
標題:	Constitutional Law.
標題:	Philosophy of Law.
標題:	Private International Law, International & Foreign Law, Comparative Law.
ISBN:	9783319283715
ISBN:	9783319283692
摘要、提要註:	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.
電子資源:	http://dx.doi.org/10.1007/978-3-319-28371-5

Democratizing constitutional law[electronic resource] :perspectives on legal theory and the legitimacy of constitutionalism /
Democratizing constitutional lawperspectives on legal theory and the legitimacy of constitutionalism /[electronic resource] :edited by Thomas Bustamante, Bernardo Goncalves Fernandes. - Cham :Springer International Publishing :2016. - xi, 328 p. :digital ;24 cm. - Law and philosophy library,v.1131572-4395 ;. - Law and philosophy library ;v.108..

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.

ISBN: 9783319283715

Standard No.: 10.1007/978-3-319-28371-5doiSubjects--Topical Terms:

393265
Constitutional law.

LC Class. No.: K3165 / .D46 2016

Dewey Class. No.: 342.001

Democratizing constitutional law[electronic resource] :perspectives on legal theory and the legitimacy of constitutionalism /
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