TY  - UNPB
T1  - The Procedural Democratic Legitimacy of Constiutional Courts
A1  - Carrick,Ross
AU  - Carrick,Ross
PB  - Edinburgh University School of Law
CY  - Edinburgh
PY  - 2012/1/18
Y1  - 2012/1/18
N2  - This research focuses on the democratic role of courts, and presents an original conceptual framework for an examination thereof. The core thesis of this paper is to provide a new answer to the question – how can courts (in particular constitutional courts) be democratically legitimate? – by considering how a constitutional court can be procedurally democratically legitimate. There are two dimensions of procedural democratic legitimacy: intrinsic and instrumental. The intrinsic is a measure of the democratic credentials of the constitutional court as a discrete decision-making authority, whereas the instrumental is concerned with the ways in which the constitutional court contributes to the democratic functioning of the polity. Finally, the conceptual framework is put to the test by examining the constitutional court of the democratically complex and contested EU polity: the Court of Justice of the European Union. 
AB  - This research focuses on the democratic role of courts, and presents an original conceptual framework for an examination thereof. The core thesis of this paper is to provide a new answer to the question – how can courts (in particular constitutional courts) be democratically legitimate? – by considering how a constitutional court can be procedurally democratically legitimate. There are two dimensions of procedural democratic legitimacy: intrinsic and instrumental. The intrinsic is a measure of the democratic credentials of the constitutional court as a discrete decision-making authority, whereas the instrumental is concerned with the ways in which the constitutional court contributes to the democratic functioning of the polity. Finally, the conceptual framework is put to the test by examining the constitutional court of the democratically complex and contested EU polity: the Court of Justice of the European Union. 
KW  - Constitutional Courts
KW  - Constitutiional Theory
KW  - Democratic Theory
KW  - Legitimacy
KW  - Court of Justice of the European Union
KW  - Democratic Deficit
U2  - 10.2139/ssrn.1986857
DO  - 10.2139/ssrn.1986857
M1  - Working paper
BT  - The Procedural Democratic Legitimacy of Constiutional Courts
T3  - Edinburgh School of Law Research Papers
T3  - en_GB
ER  -