A Republican Defence of the Constitutionality of Democracy
By (author) Professor Richard Bellamy
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Political Constitutionalism by Professor Richard Bellamy
Book DescriptionJudicial 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.
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Book DetailsISBN: 9780521865104
(228mm x 152mm x 19mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 13-Sep-2007
Country of Publication: United Kingdom
Books By Author Professor Richard Bellamy
Susceptibility to Infectious Diseases, Paperback (February 2010)
A comprehensive review of research concerning genetic susceptibility to infectious diseases.
Citizenship: A Very Short Introduction, Paperback (September 2008)
Interest in citizenship has never been higher. But what does it mean to be a citizen in a modern, complex community? Richard Bellamy approaches the subject of citizenship from a political perspective and, in clear and accessible language, addresses the complexities behind this highly topical issue.
Political Constitutionalism, Paperback (September 2007)» View all books by Professor Richard Bellamy
This book questions the effectiveness and legitimacy of rights-based judicial review by constitutional courts.
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Author Biography - Professor Richard Bellamy
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.
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