Is Judicial Representation a Democratic Myth?
摘要
This chapter analyses political representation as a fictional rhetoric. The aim of this rhetoric is to obtain, from its audience, a recognition of law as the expression of the sovereign will of the political community; whereas it is, in actual fact, only the work of persons who have effectively participated in its making. That which I call “judicial representation” appears as a variant of political representation, whose specific purpose is to legitimize constitutional review. Considering judicial representation as fictional rhetoric can raise two questions. Firstly, to which category of false discourse does it belong: fiction in the strict sense, lie, or myth? Secondly, to what extend can it be understood as a form of democratic discourse? The hypothesis put forward is that judicial representation is a myth that can be qualified as democratic, but only if we limit the understanding of this term to its contemporary liberal sense.