JSI Series: New approaches to democratising constitutional functions

15 November 2012

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The countermajoritarian difficulty, which is a reference to concern about the democratic legitimacy of judicial review based on a bill of rights, has prompted such a massive and insightful literature in the last few decades that scepticism was expressed by one US constitutional scholar, Mark Tushnet, about what insights are likely to be generated in the next few decades outside empirical research on particular systems of judicial review. Nevertheless, attempts have continued. This paper explores some recent radical responses to the countermajoritarian difficulty that seek to democratise institutions associated with constitutional functions. The paper focuses on some proposals for constitutional juries and democratising the amendment process by Ghosh, Spector and Zurn.

About the speaker

Dr Ghosh completed a BA/LLB, an LLM and a PhD at Sydney University Law School. The latter was awarded in 2005 and was on the republican revival in constitutional theory. He is a senior lecturer at the School of Law at the University of New England, where he teaches jurisprudence and administrative law. His research is broadly in the area of constitutional and political theory, with articles in, for instance, Oxford Journal of Legal Studies, History of Political Thought, and Sydney Law Review.

Lawyers/barristers: attendance at this seminar is equal to 2 MCLE/CPD units.

This event is hosted byThe Julius Stone Institute of Jurisprudence

Time: 6-8pm

Location: Common Room, Level 4, Sydney Law School, Building F10, Eastern Avenue, University of Sydney

Cost: Free, however registration essential

Contact: PLaCE Coordinator

Phone: 02 9351 0429

Email: 2b293556272e4e2a163472322d02260f3317065c2c763917