Democratizing Constitutional Law

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This volume critically examines the relationship between democracy and constitutionalism, addressing objections from legal and political philosophers who view judicial review as undemocratic. It builds on existing literature regarding the moral justification for the authority of constitutional courts and explores the concept of "weak judicial review." Each chapter, while differing in approach, aims to create institutions and procedures that democratize constitutional law. Strategies range from radical critiques of judicial review to proposals that justify constitutional courts based on their deliberative performance, and the idea of constitutional juries that may better reflect a community’s constitutional morality. The book links theoretical discussions on the moral justification of constitutionalism with practical issues, including the relationship between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international contexts, the necessity for new institutions to enhance democratic principles in constitutionalism, and the interplay between philosophical ideas and constitutional practices. It also addresses the judicial review of constitutional amendments and critiques of strong judicial review, providing a comprehensive exploration of these critical themes.