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The Recent Debate on the Democratic Legitimacy of Judicial Review

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2007
Müderrisoğlu, Mehmet
The term 'Costitutional Democracy' is characterized by an underlying conceptual tension between the rule of law and populşar 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 'governmernt under law' 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 'constitutionality' and 'popular sovereignty' 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.