Representation, Constitutional Courts, and Divided Power
摘要
Starting from the classical definition of representation as the term designating the authority authorized and accountable via popular elections, the chapter claims that the institutions exercising constitutional adjudication cannot be considered representative – at least not in the same sense. Given that electoral representation is the mark assigning legitimacy to law-making state organs of modern democracy, the chapter explores a better path to justify the rationale for the existence of constitutional courts in stable liberal democracies, going back to the Western doctrines of good government as divided power.