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Deliberative Democracy and the Institutions of Judicial Review

Deliberative Democracy and the Institutions of Judicial Review

Deliberative Democracy and the Institutions of Judicial Review

Author: Christopher F. Zurn
Publisher: Cambridge University Press
ISBN: 9780521119801
Published In: September 2009
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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In this book, first published in 2007, 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.

Thorough survey of different accounts of judicial review put forward by deliberative democratic theorists
Proposes innovative institutional reforms for the system of constitutional elaboration in constitutional democracies
Integrates research from political philosophy, jurisprudence, comparative political science of institutions, and legal studies

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