Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy - Hardcover

Bellamy, Richard

Hardcover

ISBN 10: 0521865107 ISBN 13: 9780521865104

Publisher: Cambridge University Press, 2007

Synopsis

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.

About this title

Book Description

Richard Bellamy questions the effectiveness and legitimacy of judicial review by constitutional courts, suggesting that existing democratic systems actually offer superior and sufficient methods for protecting and promoting rights. He argues that judicial review lacks popular accountability and is thus a form of arbitrary rule.

About the Author

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.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2007
• ISBN 10: 0521865107
• ISBN 13: 9780521865104
• Binding: Hardcover
• Language: English
• Edition number: 1
• Number of pages: 282