"This book questions the wide use of the majority voting rule in many constitutional courts to declare statutes unconstitutional, and argues that constitutional courts should instead use supermajority voting rules when performing this task. Considering that constitutional courts often tackle hard moral issues, one may question whether a bare majority of judges should suffice to settle them, especially considering these courts' counter-majoritarian nature. Furthermore, wide use of majority rule to check the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of US Supreme Court decisions. This book presents the case that majority rule is unjustified in constitutional adjudication. This means that, considering majority rule's traits, there are no decisive reasons for using this voting rule over other voting rules to declare statutes unconstitutional. The book goes on to argue that constitutional courts should replace majority rule with supermajority rules to assess the constitutionality of legislation. Thus, to declare statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be required. The book will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law and Politics"-- Provided by publisher.
Bibliographic references
Includes bibliographical references and indexes.
Contents
Methodology
A brief history of voting rules in the West
The traits of majority rule and supermajority rules
Against majority rule in constitutional review
For supermajority rules in constitutional review
Practical issues
Conclusion : a call for gradual experimentation.
ISBN
9781032723945 (hardcover)
1032723947 (hardcover)
9781032723976 (paperback)
1032723971 (paperback)
LCCN
2024012842
OCLC
1424726544
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