- Elgar Monographs in Constitutional and Administrative Law series
Chapter 2: Political principles
AbstractThe central question of the book, namely the legitimacy of constitutional judicial review, is an institutional question. However, institutional questions about constitutional design are rarely, if ever, freestanding. Whether judicial review is justified depends to a great extent on what one thinks about the legitimizing principles of constitutional democracy. Authorizing courts with the power of judicial review can be a good institutional choice relative to one theory of constitutional democracy and a poor choice relative to another one. The purpose of Chapter Two is therefore to outline the theory of legitimacy that underpins the institutional analysis of the book (The Liberal Principle of Legitimacy) and defend that position against two potent rivals: the Principle of Equal Participation and Rights Foundationalism.
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