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Beschreibung
This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts' counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule's traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.
This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts' counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule's traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.
Über den Autor
Cristóbal Caviedes is Assistant Professor of Law, Universidad Católica del Norte, Chile.
Inhaltsverzeichnis

1. Introduction; 2. Methodology; 3: A Brief History of Voting Rules in the West; 4: The Traits of Voting Rules; 5: Against Majority Rule in Constitutional Review; 6: For Supermajority Rules in Constitutional Review; 7: Practical Issues; Conclusion: A Call for Gradual Experimentation; Appendix: Court in Which the Core Cases Apply-A Preliminary View

Details
Erscheinungsjahr: 2025
Fachbereich: Öffentliches Recht
Genre: Importe, Recht
Produktart: Nachschlagewerke
Rubrik: Recht & Wirtschaft
Medium: Taschenbuch
Reihe: Comparative Constitutional Change
ISBN-13: 9781032723976
ISBN-10: 1032723971
Sprache: Englisch
Einband: Kartoniert / Broschiert
Autor: Caviedes, Cristóbal
Auflage: 1. Auflage
Hersteller: Routledge
Comparative Constitutional Change
Verantwortliche Person für die EU: Libri GmbH, Europaallee 1, D-36244 Bad Hersfeld, gpsr@libri.de
Maße: 234 x 156 x 13 mm
Von/Mit: Cristóbal Caviedes
Erscheinungsdatum: 26.12.2025
Gewicht: 0,36 kg
Artikel-ID: 134532704