Political Constitutionalism

A Republican Defence of the Constitutionality of Democracy

Inbunden, Engelska, 2007

AvRichard Bellamy

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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.

Produktinformation

Utgivningsdatum2007-09-13
Mått154 x 234 x 21 mm
Vikt570 g
FormatInbunden
SpråkEngelska
Antal sidor282
FörlagCambridge University Press
ISBN9780521865104

Tillhör följande kategorier

Statsvetenskap och politisk teori inom Samhälle och politik

Richard Bellamy is Professor of Political Science and Director of the School of Public Policy, University College London. He is the author of five books, numerous articles and book chapters and has edited over 20 volumes including The Cambridge History of Twentieth Century Political Thought (with Terence Ball, Cambridge, 2003) and editions of Beccaria and Gramsci in the Cambridge Texts in the History of Political Thought series.

Introduction; Part I. Legal Constitutionalism: 1. Constitutional rights and the limits of judicial review; 2. The rule of law and the rule of persons; 3. Constitutionalism and democracy; Part II. Political Constitutionalism: 4. The norms of political constitutionalism: non-domination and political equality; 5. The forms of political constitutionalism: public reason and the balance of power; 6. Bringing together norms and forms: the democratic constitution; Conclusion.

'In this seminal work, Richard Bellamy defends political constitutionalism against legal constitutionalism, contesting the currently fashionable view that democracy and human rights are best protected by judges and formal constitutions rather than by politicians and the ordinary processes of democratic politics. Its uncommon grasp of both theoretical argument and the empirical complexity of actual political systems makes this book a major contribution to the debate on how democracy can be renewed and the current flight from politics arrested.' Andrew Gamble, University of Cambridge