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The Recent Debate On The Democratic Legitimacy Of Judicial Review: Constitutionality Vs. Popular Sovereignty

The term &#039 / Costitutional Democracy&#039 / is characterized by an underlying conceptual tension between the rule of law and populSar sovereignty. This is reflected in the controversy surrounding the judicial review of legislation in contemporary political systems. In this thesis, the development of the idea of &#039 / governmernt under law&#039 / in political thought, contemporary debates on the doctrine of judicial review and normative relation between law and politics is analyzed. It is concluded that both &#039 / constitutionality&#039 / and &#039 / popular sovereignty&#039 / are essentil to modern democracy. Yet, it might be problematic to disassociate constitutional law from ordinary politics, since the latter is the principal means through which a polity shapes its future.

Identiferoai:union.ndltd.org:METU/oai:etd.lib.metu.edu.tr:http://etd.lib.metu.edu.tr/upload/3/12608724/index.pdf
Date01 September 2007
CreatorsMuderrisoglu, Mehmet
ContributorsDeveci, Cem
PublisherMETU
Source SetsMiddle East Technical Univ.
LanguageEnglish
Detected LanguageEnglish
TypeM.S. Thesis
Formattext/pdf
RightsTo liberate the content for public access

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