The Procedural Democratic Legitimacy of Constiutional Courts

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 -