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Republican Forms: Constitutionalism and Democracy

Philip Pettit

in Republicanism: A Theory of Freedom and Government

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198296423
eISBN:
9780191600081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296428.003.0007
Subject:
Political Science, Political Theory

The republican state must not only seek to combat the effects of dominium in giving rise to domination, it must also guard against the domination that can be associated with the imperium of ... More


Constitutional Self-Government on the Model of Speech

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0003
Subject:
Philosophy, Political Philosophy

A common metaphor in contemporary political theory figures democracy or self-government in the language of speech, conversation, dialogue, voice, discussion, or some other speech-cognate. This ... More


Constitutionalism as Democracy

Jed Rubenfeld

in Freedom and Time: A Theory of Constitutional Self-Government

Published in print:
2001
Published Online:
October 2013
ISBN:
9780300080483
eISBN:
9780300129427
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300080483.003.0009
Subject:
Philosophy, Political Philosophy

Democratic self-government can be achieved, even in principle, through an inscriptive politics rather than through a politics of popular voice. This chapter describes the basic terms of ... More


The Democratic Objection to Constitutional Review

Víctor Ferreres Comella

in Constitutional Courts and Democratic Values: A European Perspective

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300148671
eISBN:
9780300148688
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300148671.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the “ counter-majoritarian difficulty,” which contends that, from a democratic point of view, it is not legitimate for courts to invalidate statutes that a popularly elected ... More


Constitutional Authority

Mark A. Graber

in A New Introduction to American Constitutionalism

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199943883
eISBN:
9780199369799
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199943883.003.0005
Subject:
Law, Constitutional and Administrative Law

Constitutional authority in the United States is a consequence of complex interactions between elected officials, political activists, and unelected justices that more resembles the chaos of the ... More


Constitutional Adjudication and Democracy

Dieter Grimm

in Constitutionalism: Past, Present, and Future

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198766124
eISBN:
9780191829277
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766124.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the question of compatibility of judicial review with democracy. It considers how the relationship of democracy and constitutional adjudication has remained precarious and ... More


The Real Case for Judicial Review

Alon Harel

in Why Law Matters

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199643271
eISBN:
9780191747809
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643271.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Constitutional theory has been obsessed with an attempt to provide an adequate justification for judicial review. This chapter defends judicial review. Its main task is to expose a critical flaw ... More


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