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Responsive Judicial Review

Democracy and Dysfunction in the Modern Age

Oxford Comparative Constitutionalism
Responsive Judicial Review
Responsive Judicial Review
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Democratic dysfunction can arise in both ''at risk'' and well-functioning constitutional systems. It can threaten a system''s responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspectsof the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea.In this book, Dixon argues that courts should adopt a sufficiently ''dialogic'' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions¿through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic