000			01643nam a2200217Ia 4500
999			_c214079 _d214079
005			20220314222204.0
008			200208s9999 xx 000 0 und d
020			_a9780521683678
082			_a321.8 BEL
100			_aBellamy, Richard
245		0	_aPolitical constitutionalism: a republican defence of the constitutionality of democracy
245		0	_nC.2
260			_aCambridge
260			_bCambridge University Press
260			_c2007
300			_a270p.
365			_dPND
520			_aJudicial 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.
650			_aConstitutionalism
942			_cB _2ddc