Constitutional Review and Argumentative Representation

Robert Alexy (Kiel)

Berliner Seminar Recht im Kontext
Wissenschaftskolleg zu Berlin, Villa Jaffé
Wallotstr. 10, 14193 Berlin

"The paper addresses the perennial question of whether empowering a constitutional court to invalidate acts of parliament is compatible with democracy. The answer proceeds in two steps. In a first step, I present principles theory together with proportionality analysis as a model of constitutional argument. In a second step, I develop the idea of constitutional review qua argumentative representation of the people. In a word, the thesis has it that constitutional review is justified on the basis of principles theory on the one hand and on the basis of the theory of argumentative representation on the other." (Robert Alexy)