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Political Constitutionalism
By
Richard Bellamy
Description
Judicial review by constitutional
courts is often presented as a necessary supplement to democracy.
This book questions its effectiveness and legitimacy. Drawing on the
republican tradition, Richard Bellamy argues that the democratic
mechanisms of open elections between competing parties and
decision-making by majority rule offer superior and sufficient
methods for upholding rights and the rule of law. The absence of
popular accountability renders judicial review a form of arbitrary
rule which lacks the incentive structure democracy provides to ensure
rulers treat the ruled with equal concern and respect. Rights based
judicial review undermines the constitutionality of democracy. Its
counter-majoritarian bias promotes privileged against unprivileged
minorities, while its legalism and focus on individual cases distort
public debate. Rather than constraining democracy with written
constitutions and greater judicial oversight, attention should be
paid to improving democratic processes through such measures as
reformed electoral systems and enhanced parliamentary scrutiny.
• Draws on both legal and
political theory • Features material from both the US and the UK
• Strong argument against the growing conventional wisdom that
written constitutions and judicial review promotes individual rights
Contents
Introduction; Part I. Legal
Constitutionalism: 1. Constitutional rights and the limits of
judicial review; 2. The rule of law and the rule of persons; 3.
Constitutionalism and democracy; Part II. Political
Constitutionalism: 4. The norms of political constitutionalism:
non-domination and political equality; 5. The forms of political
constitutionalism: public reason and the balance of power; 6.
Bringing together norms and forms: the democratic constitution;
Conclusion.
Reviews
\\\'In this seminal work, Richard Bellamy
defends political constitutionalism against legal constitutionalism,
contesting the currently fashionable view that democracy and human
rights are best protected by judges and formal constitutions rather
than by politicians and the ordinary processes of democratic
politics. Its uncommon grasp of both theoretical argument and the
empirical complexity of actual political systems makes this book a
major contribution to the debate on how democracy can be renewed and
the current flight from politics arrested.\\\' Andrew Gamble, University
of Cambridge
\\\'This new and timely book from one of
Britain\\\'s leading political theorists is his most important work to
date. Providing a robust defence and, indeed, celebration of
political constitutionalism Professor Bellamy simultaneously explains
what\\\'s wrong with legal constitutionalism and offers a valuable
corrective to errors in some recent republican writing, which has
failed to see that it is to democratic politics, and not to the
courts of law, that we must primarily look to secure the republican
values of popular sovereignty and non-domination. Coming at a time of
considerable constitutional flux in both Britain and the European
Union, Political Constitutionalism will be essential reading for
political theorists and constitutional lawyers alike.\\\' Adam Tomkins,
John Millar Professor of Public Law, University of Glasgow; author of
Our Republican Constitution (2005)
\\\'In this timely work, Political
Constitutionalism, Richard Bellamy presents an original republican
re-interpretation and defence of existing representative democratic
constitutionalism against the legal constitutionalists, who would
give the constitution to the courts, and against the deliberative
democrats, who discount majority rule and party competition. It is a
major contribution to the debate over democracy and
constitutionalism.\\\' James Tully, Distinguished Professor, Political
Science, University of Victoria
‘How to guard against abuses of
government power? Richard Bellamy argues from the institutional
record that we should put our faith in electoral rather than legal
process. He offers a powerful challenge that none of us can ignore.
And along the way he provides a masterful overview of recent debates
around this crucial issue.’ Philip Pettit, L. S. Rockefeller
University Professor of Human Values and Politics, Princeton
University
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