Political constitutionalism : a republican defence of the constitutionality of democracy / / Richard Bellamy [[electronic resource]]

• Record Nr.: UNINA9910451923603321
• Autore: Bellamy Richard (Richard Paul)
• Pubbl/distr/stampa: Cambridge : , : Cambridge University Press, , 2007
• 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
• Descrizione fisica: 1 online resource (x, 270 pages) : digital, PDF file(s)
• Disciplina: 347.41012
• Soggetti: Representative government and representation; Judicial review; Democracy; Constitutional law - Philosophy
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Title from publisher's bibliographic system (viewed on 05 Oct 2015).
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: 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.
• Sommario/riassunto: 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.