This chapter explores whether political representation by the constitutional courts can be taken as a form of democratic representation, even if non-electoral. To explore that possibility depends on exploring institutional alternatives to the present status quo which would make constitutional review more expressive of shared values in society and more dialogical in character. In this light, the systems of “constitutional juries” that were proposed by Horacio Spector, Eric Ghosh and Christopher Zurn are examined, regarding their potential to increase the legitimacy of constitutional review and their limits, which have to do with their strict individualistic logic, thus inattentive to the protection of increasingly relevant collective goods such as the environment.

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Representation Through Courts and Juries

  • Pierre Brunet

摘要

This chapter explores whether political representation by the constitutional courts can be taken as a form of democratic representation, even if non-electoral. To explore that possibility depends on exploring institutional alternatives to the present status quo which would make constitutional review more expressive of shared values in society and more dialogical in character. In this light, the systems of “constitutional juries” that were proposed by Horacio Spector, Eric Ghosh and Christopher Zurn are examined, regarding their potential to increase the legitimacy of constitutional review and their limits, which have to do with their strict individualistic logic, thus inattentive to the protection of increasingly relevant collective goods such as the environment.