Control Judicial y Receptividad Democrática | Rosalind Dixon | Conferencia ICON-S

Added:

Responsive Review
Blind Spots & Inertia
Backsliding Threats
Capacity Limits
Judicial Doctrines
Building Legitimacy
Judges Bias Q&A
Backsliding Risks Q&A
Deliberation & Dialogue
Transnational Roles Q&A

Responsive Review

4:18
Playing Section
  • 1

    Introduces a theory of responsive judicial review that is explicitly democracy-sensitive.

  • 2

    Seeks to protect rights, promote deliberation, and respond to democratic dysfunction.

  • 3

    Courts should address three key challenges: democratic blind spots, inertia, and backsliding.

The fundamental concept of judicial review and its role in checking the power of legislative and executive branches.
The 'counter-majoritarian difficulty'—the tension between democratic self-governance and the power of unelected judges.
John Hart Ely's 'representation-reinforcing' theory of constitutional interpretation, which argues courts should focus on fixing malfunctions in the democratic process.
The definition and mechanisms of democratic backsliding, wherein democratic norms and institutions are eroded from within by legally elected leaders.
Rosalind Dixon's complete monograph 'Responsive Judicial Review' to deeply examine her comparative framework and case studies.
The theory of 'abusive constitutionalism' (often co-authored with David Landau) and how autocrats use constitutional tools to subvert democracy.
Comparative analysis of constitutional court decisions in the Global South (e.g., Colombia, South Africa, India) regarding socioeconomic rights and legislative inertia.
The debate between 'strong-form' and 'weak-form' judicial review and the concept of dialogic constitutionalism.
2.1K views111likes1:18:02@scjnOriginal Release: 2020-06-25

Responsive judicial review is a theory of constitutional interpretation that requires courts to address three key democratic challenges—democratic blind spots (legislative failures to recognize rights violations), democratic burdens of inertia (legislative failure to respond to evolving citizen demands), and democratic backsliding (threats to democratic institutions)—while being mindful of their own capacity limitations and potential backlash; this approach advocates for a nuanced balance between judicial implication, proportionality review, and judicial finality rather than adopting extreme positions of either strong or weak review.