Political Constitutionalism

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Focusing on the republican tradition, the book critiques the effectiveness and legitimacy of judicial review by constitutional courts in a democratic context. Richard Bellamy argues that open elections and majority rule are more effective for upholding rights and the rule of law. He contends that judicial review lacks popular accountability, leading to arbitrary rule and a counter-majoritarian bias that favors privileged minorities. The author advocates for enhancing democratic processes, such as electoral reforms and parliamentary scrutiny, instead of relying on judicial oversight.