大葉大學圖書館 |

Political constitutionalism :a republican defence of the constitutionality of democracy /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
杜威分類號:	347.41012
書名/作者:	Political constitutionalism : : a republican defence of the constitutionality of democracy // Richard Bellamy.
作者:	Bellamy, Richard
面頁冊數:	1 online resource (x, 270 pages) : : digital, PDF file(s).
附註:	Title from publisher's bibliographic system (viewed on 05 Oct 2015).
標題:	Representative government and representation.
標題:	Judicial review.
標題:	Democracy.
標題:	Constitutional law - Philosophy.
ISBN:	9780511490187 (ebook)
內容註:	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.
摘要、提要註:	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.
電子資源:	http://dx.doi.org/10.1017/CBO9780511490187

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

Political constitutionalism :a republican defence of the constitutionality of democracy /Richard Bellamy. - 1 online resource (x, 270 pages) :digital, PDF file(s).

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

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.

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.

ISBN: 9780511490187 (ebook)Subjects--Topical Terms:

374166
Representative government and representation.

LC Class. No.: K3289 / .B45 2007

Dewey Class. No.: 347.41012

Political constitutionalism :a republican defence of the constitutionality of democracy /
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