Skip to main content

Constitutional Adjudication and Democracy. Comparative Perspectives: USA, France, Italy

Buy Article:

$51.00 plus tax (Refund Policy)

Abstract:

The article sketches out questions that constitutional adjudication represents for democratic theory. After taking into account some of the reasons for the early emergence of judicial review in the United States, it considers different modalities of constitutional control in European countries (notably, France and Italy). Attention is drawn to the different mechanisms of referral, leading, for instance, to the political monopoly in France and to the (quasi) monopoly of the judiciary in Italy. Denying any sovereign power to the organs exercising constitutional control, the article puts forward the thesis that constitutional adjudication guarantees ultimately the control of political super-majorities over legislative majorities.

Document Type: Research Article

DOI: https://doi.org/10.1111/1467-9337.00075

Affiliations: CREA, 1, rue Descartes, 75005 Paris, France

Publication date: 1998-03-01

  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more