Constitutional Adjudication and Democracy
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Modern civilization needs constitutional adjudication mechanism through independent court system to guard the implementation of the highest norms of the constitution, and to guide and control democracy at work. Democracy concerns especially only the quantity of the votes of the sovereign people who decide the public policy reflected in law and regulation, while the quality of the decisions for the interest of all the people can be left up to those respected and respectable constitutional judges. Democracy deserves the majority rights to rule, and the court deserves the minority right to be protected. Majoritarian democracy is just a formalistic and procedural democracy, while the roles of the constitutional court qualify it as a substantial democracy, for the interest of the whole people, both the majority and the more so for the neglected or even suppressed minority.
Abstract
Modern civilization needs constitutional adjudication mechanism through independent court system to guard the implementation of the highest norms of the constitution, and to guide and control democracy at work. Democracy concerns especially only the quantity of the votes of the sovereign people who decide the public policy reflected in law and regulation, while the quality of the decisions for the interest of all the people can be left up to those respected and respectable constitutional judges. Democracy deserves the majority rights to rule, and the court deserves the minority right to be protected. Majoritarian democracy is just a formalistic and procedural democracy, while the roles of the constitutional court qualify it as a substantial democracy, for the interest of the whole people, both the majority and the more so for the neglected or even suppressed minority.
참고문헌 (16)
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