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Supermajorities in Constitutional Courts

Authors: Rivera León, Mauro Arturo;

Supermajorities in Constitutional Courts

Abstract

Constitutional adjudication is a subject of fascination for scholars. Judges may annul the will of a democratically elected Parliament in counter-majoritarian fashion. Although conceived as a remedy against majoritarianism, judges also decide cases by voting. Whether they do so through simple majorities or supermajorities is not trivial. The debate around supermajorities has awakened anew amidst theories of judicial limitation and new conceptions of judicial review. This book advances our knowledge of systems employing supermajorities in constitutional adjudication by performing a comparative analysis of ten jurisdictions and twelve supermajority models. It introduces a typology of the main models of institutional design, the reasons leading policymakers to establish them, and the impact supermajorities have on courts. It explores the question of whether supermajorities grant deference and foster consensus, or if they disable constitutional courts from exercising judicial review. By analyzing the history, practice, and effects of supermajority rules in courts, this book contributes to an ongoing conversation on the democratic implications of voting protocols in constitutional courts. It will be a valuable resource for policy-makers, scholars, and researchers working in the areas of comparative constitutional law and constitutional politics. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.

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Keywords

thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general, thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law, Supermajorities;Constitutional Adjudication;Judicial Review;Counter-majoritarian difficulty;democratic deference, thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law, thema EDItEUR::J Society and Social Sciences::JP Politics and government

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
Green
hybrid