Starting from the classical definition of representation as the term designating the authority authorized and accountable via popular elections, the chapter claims that the institutions exercising constitutional adjudication cannot be considered representative – at least not in the same sense. Given that electoral representation is the mark assigning legitimacy to law-making state organs of modern democracy, the chapter explores a better path to justify the rationale for the existence of constitutional courts in stable liberal democracies, going back to the Western doctrines of good government as divided power.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Representation, Constitutional Courts, and Divided Power

  • Pasquale Pasquino

摘要

Starting from the classical definition of representation as the term designating the authority authorized and accountable via popular elections, the chapter claims that the institutions exercising constitutional adjudication cannot be considered representative – at least not in the same sense. Given that electoral representation is the mark assigning legitimacy to law-making state organs of modern democracy, the chapter explores a better path to justify the rationale for the existence of constitutional courts in stable liberal democracies, going back to the Western doctrines of good government as divided power.