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Article Constitutional Rights and Constitutional Review
Authors Alexy R.
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1-2 / 2015
Pages 446 - 456
Annotation

The article deals with the problem of justification of the constitutional

review or the relation between constitutional review and democracy. The main thesis is

that on the one hand constitutional review is justified on the basis of principles theory

and on the other hand it is based on the theory of argumentative representation. Three

arguments in favor of constitutional control are consistently revealed in the article:

formal (the constitutional court controls compliance with constitutional rights by the

parliament), substantive (constitutional review is designed to provide additional

protection of constitutional rights as positivized human rights) and procedural

(constitutional review is an «argumentative representation» of the people). The conclusion

is that our mind justifies democratic constitutionalism, and constitutional review is

detected reasonable as one of its necessary components.

Keywords constitutional rights, constitutional review, argumentative representation, balancing, democracy.
References
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