Article | Constitutional Rights and Constitutional Review |
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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 | |
Electronic version | Download |