Democratic Theory and Constitutional Adjudication

in: Acta Juridica Hungarica Vol. 56 (2015), No. 2-3., pp. 199-212.

17 Pages Posted: 12 Dec 2017

See all articles by Kálmán Pócza

Kálmán Pócza

National University of Public Service; Mathias Corvinus Collegium

Date Written: January 1, 2015

Abstract

By focusing on the practice of constitutional courts this paper aims to present a qualitative-analytical tool which could contribute to a better (self-)understanding and evaluation of constitutional adjudication. Since the specific nature and the very existence of constitutional review necessitates an a priori reflection on the legitimacy, exact function and role of constitutional courts within the democratic system a multidimensional model of democracy might give some insight into the theoretical background of the court’s decisions in this respect. This level of analysis focuses simply on the question of which ideal type of democracy might be inherent or envisioned in decisions taken by judges of constitutional courts.

Keywords: democratic theory, constitutional adjudication, judicial review

Suggested Citation

Pócza, Kálmán, Democratic Theory and Constitutional Adjudication (January 1, 2015). in: Acta Juridica Hungarica Vol. 56 (2015), No. 2-3., pp. 199-212., Available at SSRN: https://ssrn.com/abstract=3082222

Kálmán Pócza (Contact Author)

National University of Public Service ( email )

Menesi u. 5
H-1441 Budapest, P.O. Box 60
Budapest, Budapest 1115
Hungary

Mathias Corvinus Collegium ( email )

Somlói út 49-53
Budapest, 1016
Hungary

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