Deliberative democracy and the institutions of judicial review / Christopher F. Zurn.

Incluye bibliografía.

Deliberative majoritarianism and the paternalism of judicial review : Waldron -- Upshot : we need a theory of democratic constitutionalism -- The seducements of juristic discourse as democratic deliberation: A division of labor between juristic deliberation and populist aggregation? -- Actual juristic discourse in the United States system of constitutional adjudication -- Legal principles and moral-political reasoning -- Constitutionalism as the procedural structuring of deliberative democracy: A provisional summary : criteria for an adequate theory of constitutional review -- Guardians of the conditions of procedural legitimacy : Habermas -- The institutions of constitutional review I : design problems and judicial review: The problems of designing institutions of constitutional review -- Independent constitutional courts in a concentrated review system --^

Introduction: An old chestnut is actually two -- Pathologies of ad hoc triangulation -- Functions and institutions -- Majoritarian democracy and minoritarian constitutionalism: Judicial review as substantially legitimate protection of minority rights -- Judicial review as procedurally legitimate protection of democracy -- Moving beyond aggregative majoritarianism and minoritarian constitutionalism -- From majoritarian to deliberative theories of constitutional democracy: Deliberative democracy : four axes of analysis -- Constitutionalism : four central elements -- Constitutional democracy? -- Deliberative democracy and substantive constitutionalism: Keepers of the substantive flame of American exceptionalism -- Guardians of the moral law in the forum of principle -- Are substantialist defenses of judicial review self-defeating? -- Disagreement and the constitution of democracy: Democratic precommitment to judicial review: freeman --^

The institutions of constitutional review II : horizontal dispersal and vertical empowerment: Self-review panels in the legislature and regulatory agencies -- Mechanisms for interbranch debate and decisional dispersal -- Easing formal amendability requirements -- Establishing civic consitutional fora.