Reflections on Constitutional Adjudication in a Democracy
نویسندگان
چکیده
Abstract This article examines the necessity for constitutional adjudication in a democracy. Democracy is not government of minority by majority, but self-government people pluralist society. The regards as necessary component democracy to preserve and individual rights pre-condition acceptance majority decisions minority. Thus, needed uphold possibility democratic change protect also against majority. Recent critique does this basic insight practice democracies.
منابع مشابه
reflections on taught courses of the iranian ma program in english translation: a mixed-methods study
the issue of curriculum and syllabus evaluation and revision has been in center of attention right from when curriculum came into attention of educational institutions. thus everywhere in the world in educational institutions curricula and syllabi are evaluated and revised based on the goals, the needs, existing content, etc.. in iran any curriculum is designed in a committee of specialists and...
Constitutional Democracy and Public Judgements
This paper proposes a new conceptual framework of a liberal social order, which emphasizes the freedom of action in social interaction and the freedom of participation in social rule-making process. Our articulation of public decision-making process can be interpreted as a formal way of capturing the essence of constitutional democracy, which is an impure mixture of constructivist rationalism a...
متن کاملThe Role of the Philadelphia Convention in Constitutional Adjudication
Max Farrand’s Records of the Federal Convention of 1787 shed light on the intricacies of the debates of the framers over the text of the Constitution. They do not, however, provide authoritative evidence of constitutional meaning. The Philadelphia Convention, after all, was conducted in secret, and the ratifiers, operating in thirteen distinct conventions in culturally and politically diverse s...
متن کاملBUSINESS ELITES AND DEMOCRACY IN LATIN AMERICA : Reflections on the
The discussion focuses on three themes. One is the divergence between positions of business associations and concerns of individual entrepreneurs regarding several determinants of investment. Another issue is under what conditions economic growth can be achieved under democracy; why market reforms have generated little private investment in many cases, and which government policies and politica...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Israel Law Review
سال: 2023
ISSN: ['0021-2237', '2047-9336']
DOI: https://doi.org/10.1017/s0021223723000122