Democratic theory and constitutional adjudication

Pócza, Kálmán (2015) Democratic theory and constitutional adjudication. Acta Juridica Hungarica, 56 (2-3). pp. 199-212. ISSN 1216-2574

Preview

Text 026.2015.56.2-3.9.pdf Download (208kB) | Preview

Abstract

By focusing on the practice of constitutional courts this paper aims to present a qualitative-analytical tool which could contribute to a better (self-)understanding and evaluation of constitutional adjudication. Since the specific nature and the very existence of constitutional review necessitates an a priori reflection on the legitimacy, exact function and role of constitutional courts within the democratic system, a multidimensional model of democracy might give some insight into the theoretical background of the court’s decisions in this respect. This level of analysis focuses simply on the question of which ideal type of democracy might be inherent or envisioned in decisions taken by judges of constitutional courts.

Actions (login required)

Edit Item