Coverart for item
The Resource Deliberative democracy and the institutions of judicial review, Christopher F. Zurn, (electronic resource)

Deliberative democracy and the institutions of judicial review, Christopher F. Zurn, (electronic resource)

Label
Deliberative democracy and the institutions of judicial review
Title
Deliberative democracy and the institutions of judicial review
Statement of responsibility
Christopher F. Zurn
Title variation
Deliberative Democracy & the Institutions of Judicial Review
Creator
Subject
Language
eng
Summary
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.--
Assigning source
Provided by publisher
Cataloging source
UkCbUP
http://library.link/vocab/creatorDate
1966-
http://library.link/vocab/creatorName
Zurn, Christopher F.
Index
index present
Literary form
non fiction
Nature of contents
dictionaries
Series statement
Cambridge Social Sciences eBooks
http://library.link/vocab/subjectName
  • Judicial review
  • Constitutional courts
  • Legislative power
  • Executive power
  • Deliberative democracy
Label
Deliberative democracy and the institutions of judicial review, Christopher F. Zurn, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=https://doi.org/10.1017/CBO9780511498749
Instantiates
Publication
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
pt. I. Introduction. An old chestnut is actually two ; Pathologies of ad hoc triangulation ; Functions and institutions -- pt. II. Majoritarian democracy and minoritarian constitutionalism. Judicial review as substantially legitimate protection of minority rights ; Judicial review as procedurally legitimate protection of democracy ; Moving beyond aggregative majoritarianism and minoritarian constitutionalism -- pt. III. From majoritarian to deliberative theories of constitutional democracy. Deliberative democracy: four axes of analysis ; Constitutionalism: four central elements ; Constitutional democracy? -- pt. IV. Deliberative democracy and substantive constitutionalism. Keepers of the substantive flame of American exceptionalism ; Guardians of the moral law in the forum of principle ; Are substantialist defenses of judicial review self-defeating? -- pt. V. Disagreement and the constitution of democracy. Democratic precommitment to judicial review: Freeman ; Deliberative majoritarianism and the paternalism of judicial review: Waldron ; Upshot: we need a theory of democratic constitutionalism -- pt. VI. The seducements of juristic discourse as democratic deliberation. A division of labor between juristic deliberation and populist aggregation? ; Actual juristic discourse in the United States system of constitutional adjudication ; Legal principles and moral-political reasoning -- pt. VII. Constitutionalism as the procedural structuring of deliberative democracy. A provisional summary: criteria for an adequate theory of constitutional review ; Guardians of the conditions of procedural legitimacy: Habermas -- pt. VIII. The institutions of constitutional review I: design problems and judicial review. The problems of designing institutions of constitutional review ; Independent constitutional courts in a concentrated review system -- pt. IX. The Institutions of constitutional review II: horizontal dispersal and vertical empowerment. Self-review panels in the legislature and regulatory agencies ; Mechanisms for inter-branch debate and decisional dispersal ; Easing formal amendability requirements ; Establishing civic constitutional fora
Control code
CR9780511498749
Dimensions
unknown
Extent
1 online resource (viii, 366 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9780521119801
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)271789872
Label
Deliberative democracy and the institutions of judicial review, Christopher F. Zurn, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=https://doi.org/10.1017/CBO9780511498749
Publication
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
pt. I. Introduction. An old chestnut is actually two ; Pathologies of ad hoc triangulation ; Functions and institutions -- pt. II. Majoritarian democracy and minoritarian constitutionalism. Judicial review as substantially legitimate protection of minority rights ; Judicial review as procedurally legitimate protection of democracy ; Moving beyond aggregative majoritarianism and minoritarian constitutionalism -- pt. III. From majoritarian to deliberative theories of constitutional democracy. Deliberative democracy: four axes of analysis ; Constitutionalism: four central elements ; Constitutional democracy? -- pt. IV. Deliberative democracy and substantive constitutionalism. Keepers of the substantive flame of American exceptionalism ; Guardians of the moral law in the forum of principle ; Are substantialist defenses of judicial review self-defeating? -- pt. V. Disagreement and the constitution of democracy. Democratic precommitment to judicial review: Freeman ; Deliberative majoritarianism and the paternalism of judicial review: Waldron ; Upshot: we need a theory of democratic constitutionalism -- pt. VI. The seducements of juristic discourse as democratic deliberation. A division of labor between juristic deliberation and populist aggregation? ; Actual juristic discourse in the United States system of constitutional adjudication ; Legal principles and moral-political reasoning -- pt. VII. Constitutionalism as the procedural structuring of deliberative democracy. A provisional summary: criteria for an adequate theory of constitutional review ; Guardians of the conditions of procedural legitimacy: Habermas -- pt. VIII. The institutions of constitutional review I: design problems and judicial review. The problems of designing institutions of constitutional review ; Independent constitutional courts in a concentrated review system -- pt. IX. The Institutions of constitutional review II: horizontal dispersal and vertical empowerment. Self-review panels in the legislature and regulatory agencies ; Mechanisms for inter-branch debate and decisional dispersal ; Easing formal amendability requirements ; Establishing civic constitutional fora
Control code
CR9780511498749
Dimensions
unknown
Extent
1 online resource (viii, 366 pages)
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9780521119801
Media category
computer
Media MARC source
rdamedia
Media type code
c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)271789872

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