In Search of what is Common: Political Representation by the Constitutional Jurisdiction
摘要
The most important theories of constitutional jurisdiction can be reconstructed as attempts to conceive the terms in which the decisions of constitutional courts can legitimately be attributed to “the people”. The classic concept of political representation – which does not reduce it to electoral representation or representativeness – still resonates in those theories. Considering that the said attribution can only be made if, by “the people”, one understands a commonality of citizens, this chapter defends that constitutional courts should be understood in contemporary constitutionalism – as a “constitutionalism of fear” – as representatives of a commonality of fear.