LSJ 367 Lecture 9: Conceptualizing Judicial Power in New Democracies
1 Dec 2016
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Lesson nine | conceptualizing judicial power in new. Constitutional review - ability to declare acts of the legislature as unconstitutional (cid:8226) (cid:9675) Counter-majoritarian difficulty with courts helps us be reminded of the tenuous situation of courts. Argument that claims courts are potentially undemocratic (cid:9633) (cid:9633) (cid:9633) Given interpretation capability that greatly influences political reform. Free open elections are the cornerstone of democracy. If courts have the power to override/annul acts of the legislature, how does it fit? (cid:9675) On the other hand, courts with significant review powers are essential for democracy. Especially coming out of a place that was formally an authoritarian regime. Allows protection of minority interests and bringing to life societal interests that may otherwise be pushed out of politics. Constitutions, judicial review and new democracies (cid:8226) (cid:8226) (cid:8226) (cid:8226) (cid:8226) Given this difficulty, judicial review is pervasive in new democracies (cid:9675) Therefore this implies the notion that there is some good/necessity to give courts this power.
