Responsive Judicial Review - Democracy and Dysfunction in the Modern Age

Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction.

List of contents

• 1: Introduction


• 2: Constitutions and Constructional Choice


• 3: Defining Democracy and Democratic Dysfunction


• 4: The Scope and Intensity of Responsive Judical Review


• 5: Democratic Dsyfunction and the Effectiveness of Responsive Review


• 6: Risks to Democracy: Reverse Inertia, Democratic Backlash, and Debilitation


• 7: Towards Strong-Weak - Weak-Strong Judical Review and Remedies


• 8: A Responsive Judical Voice: Building a Court's Legitimacy


• 9: Conclusion: Towards a New Comparative Political Process Theory

About the author

Rosalind Dixon is a leading global expert on comparative constitutional law, design, and democracy. She is Scientia Professor of Law at UNSW Sydney, and a former assistant professor at the University of Chicago Law School, visiting professor at Columbia Law School, Harvard Law School, and the National University of Singapore. She has served as co-president of the International Society of Public Law, and is a member of the Australian Academy of Law and Academy of Arts and Social Sciences.

Summary

Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction.

Product details

• Authors: Rosalind (Scientia Professor of Law Dixon, Dixon Rosalind
• Publisher: Oxford University Press
• Languages: English
• Product format: Paperback / Softback
• Release: 08.08.2025
• EAN: 9780198938910
• ISBN: 978-0-19-893891-0
• No. of pages: 320
• Series: Oxford Comparative Constitutionalism
• Subjects: Social sciences, law, business > Law > International law, foreign law; POLITICAL SCIENCE / Political Process / General, POLITICAL SCIENCE / Political Ideologies / Democracy, LAW / Administrative Law & Regulatory Practice, LAW / Constitutional, LAW / Comparative, LAW / Judicial Power, Political structures: democracy, comparative law, Judicial Review, Political structures / systems: democracy