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The Weaknesses Of Criticism Against Supermajority, Sergio Verdugo Sverdugor@Udd.Cl
The Weaknesses Of Criticism Against Supermajority, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
The article critically examines the objections that professors Guillermo Jiménez, Pablo Marshall and Fernando Muñoz have made to the exceptional legislative supermajority rule, defended by Sergio Verdugo in a prior paper of 2012. The objections relies in a biased conception of democracy and political equality. Their arguments conduct to a naïve position that prevents the evaluation of supermajorities in an instrumental way. Verdugo defends the idea that legislative supermajorities are useful given certain conditions and under certain cases.
Democratic Objection Against Judicial Review Of Legislation. Institutional Design Alternatives And Constitutional Theories, Sergio Verdugo Sverdugor@Udd.Cl
Democratic Objection Against Judicial Review Of Legislation. Institutional Design Alternatives And Constitutional Theories, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
This article reviews the argument through which judicial review of legislation approved by popularly elected bodies, based on the authority of judges who are in a position of preeminence on the other branches of government, is contrary to democracy. Taking Jeremy Waldron´s argument as a central reference, the author discusses some of the assumptions on which the democratic objection of judicial review is elaborated. He argues that separating the notion of constitutional supremacy from the idea of judicial supremacy would allow building a model that overcomes the democratic problem. The author reviews some alternatives provided by institutional designs, and analyses …
Regla De Mayoría Y Democracia: El Caso De Las Leyes Orgánicas Constitucionales, Sergio Verdugo Sverdugor@Udd.Cl
Regla De Mayoría Y Democracia: El Caso De Las Leyes Orgánicas Constitucionales, Sergio Verdugo Sverdugor@Udd.Cl
Sergio Verdugo R.
No abstract provided.