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Constitutional Courts and Deliberative Democracy - Oxford Scholarship Online
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Constitutional Courts and Deliberative Democracy

Conrado Hübner Mendes


Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a ‘government of the people, by the people and for the people’ is usually expressed through elections and electoral representation in parliaments. Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged ‘democratic d ... More

Keywords: democracies, elections, electoral representation, judicial review, democratic deficit, courts, deliberation, deliberative theory

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199670451
Published to Oxford Scholarship Online: April 2014 DOI:10.1093/acprof:oso/9780199670451.001.0001


Affiliations are at time of print publication.

Conrado Hübner Mendes, author
Assistant Professor of Law, University of São Paulo