Abstract
Abstract Chapter 2 serves as the starting point for assessing the democratically legitimate role of national constitutional courts within the EU and discusses the ongoing debate on the democratic legitimacy of judicial review within the domestic context. The chapter analyses the chief normative problems with judicial review and critically discusses the main positions in the field. Building on Habermas’ democratic theory, the chapter offers an account of the conditions under which judicial review can be considered democratically legitimate. In particular, the chapter points out that empirically informed comparative institutional assessments of legislatures and constitutional courts are pivotal to fully understand the legitimacy of judicial review.
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