Deliberative Democracy and the Institutions of Judicial Review
Author： Christopher F. Zurn;
Publisher： Cambridge University Press
Publication year： 2007
E-ISBN: 9781316974766
P-ISBN(Paperback): 9780521867344
P-ISBN(Hardback): 9780521867344
Subject： B0 Philosophical Theory;D0 Political Theory
Keyword： 政治理论
Language： ENG
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Description
Zurn examines the legitimacy of constitutional review using a normative theory of deliberative democratic constitutionalism. Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts, but also legislative and executive self-review. Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts, but also legislative and executive self-review. In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed institutions of constitutional review that encourage the development of fundamental law as an ongoing project of democratic deliberation and decision. Part I. Introduction: 1. An old chestnut is actually two; 2. Pathologies of ad hoc triangulation; 3. Functions and institutions; Part II. Majoritarian Democracy and Minoritarian Constitutionalism: 4. Judicial review as substantially legitimate protection of minority rights; 5. Judicial review as procedurally legitimate protection of democracy; 6. Moving beyond aggregative majoritarianism and minoritarian constitutionalism; Part III. From Majoritarian to Deliberative Theories of Constitutional Democracy: 7. Deliberative democracy: four axes of analysis; 8. Constitutionalism: four central elements; 9. Constitutional democracy?; Part IV. Deliberative Democracy and Substantive Constitutionalism: 10. Keepers of the substantive flame of American exceptionalism; 11. Guardians of the moral law in the forum of principle; 12. Are substantialist defenses of judicial review self-defeating?; Part V. Disagreement and the Constitution of Democracy: 13. Democratic precommitment to judicial review: Freeman; 14. Deliberative majoritarianism and the paternalism of judicial review: Waldron; 15. Upshot: we need a theory of democratic constitutionalism; Part VI. The Seducements of Juristic Discourse as Democratic Deliberation: 16. A division of labor between juristic deliberation and populist aggregation?; 17. Actual juristic discourse in the United States system of constitutional adjudication; 18. Legal principles and moral-political reasoning; Part VII. Constitutionalism as the Pr
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